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On Monday, December 15, the Supreme Court announced its decision in Altria Group v. Good, the first case in which it had heard oral argument in the October 2008 term. In this case, the Supreme Court considered whether federal law preempted state law fraud claims regarding statements made in cigarette advertising and authorized by the Federal Trade Commission, either expressly or impliedly. In a 5-4 decision, the Court held that federal law does not expressly—and neither do various FTC decisions impliedly—preempt such challenges, thereby allowing a suit against the tobacco company to go forward. University of Illinois Professor of Law Andrew Morriss discusses the decision.
Oral Argument - October 6, 2008:
Decision - December 15, 2009: