Federal Cigarette Labeling and Advertising Act and Preemption Revisited : An Analysis of the Supreme Court Case Altria Group, Inc. v. Good and Current Legislation.

Format:

Book

Government document

Author/Creator:

Library of Congress. Congressional Research Service.

Language:

English

Subjects (All):

Judge-made law.

Courts.

Federal government.

Physical Description:

1 online resource (23 pages, digital, PDF file)

Place of Publication:

[Place of publication not identified] : [publisher not identified], 2009.

System Details:

text file

Summary:

Provides background on preemptive provisions of the Federal Cigarette Labeling and Advertising Act (FCLAA), and how it was amended in 1969; and examines prior Supreme Court cases that interpreted its preemptive scope. Discusses lower court rulings in Altria Group, Inc. v. Good, concerning whether or not FCLAA preempts State law claims of fraud; and summarizes subsequent Supreme Court ruling that FCLAA does not preempt State law in this area. Addresses implications of Supreme Court ruling, including its impact on future litigation and preemption jurisprudence; and considers potential implications of H.R. 1256, the Family Smoking Prevention and Tobacco Control Act of 2009, to authorize FDA to regulate production and marketing of tobacco products.

Notes:

Record is based on bibliographic data in ProQuest U.S. Congressional Research Digital Collection (last viewed Dec. 2010). Reuse except for individual research requires license from ProQuest, LLC.

CRS Report.

Other Format:

Microfiche version: Library of Congress. Congressional Research Service. Federal Cigarette Labeling and Advertising Act and Preemption Revisited

Access Restriction:

Restricted for use by site license.