Facts of the Case

A group of cigarette smokers brought this claim against Altria, the cigarette manufacturer, in federal court in Maine. The smokers asserted that Altria's advertisement claiming that its product was "light" and had "lowered tar and nicotine" constituted misrepresentations under the Maine Unfair Trade Practices Act. The United States District Court for the District of Maine granted summary judgment in favor of Altria on the claim.

The U.S. Court of Appeals for the First Circuit, however, reversed the lower court and found in favor of the plaintiff smokers. The court held that the Maine Act was not preempted, either explicitly or implicitly, by a similar federal act, the Federal Cigarette Labeling and Advertising Act, and that Altria's assertions did in fact constitute misrepresentations under the Maine Act.

Question

Does federal preemption of the Maine Unfair Trade Practices Act hinge on the express or implied nature of the allegedly fraudulent misrepresentations?

Conclusion

None