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Forum (Forum & Focus)

Jan. 24, 2009

When Precedent Goes Up in Smoke

Together, the state high court and the U.S. Supreme Court have issues a jumbled mess of rulings regarding the Federal Cigarette Labeling and Advertising Act, writes Michael Willemsen. - Forum Column

FORUM COLUMN

By Michael Willemsen

In December 2008, the U.S. Supreme Court decided Altria Group v. Good, its third fundamentally inconsistent decision construing the pre-emption provision in the Federal Cigarette Labeling and Advertising Act. That provision states: "No requirement or prohibition based on smoking and health shall be imposed under State law with respect to the advertising or promotion of any cigarettes the packages of which a...

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