Altria Group v. Good
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 07-562 | 1st Cir. |
Oct 6, 2008 |
Dec 15, 2008 | 5-4 | Stevens | OT 2008 |
Issue: Whether the Federal Cigarette Labeling and Advertising Act preempts state law deceptive practice claims in connection with the advertising of cigarettes as “light†or containing “lower tar and nicotine.â€
Judgment: Affirmed and remanded, 5-4, in an opinion by Justice John Paul Stevens on December 15, 2008.
SCOTUSblog Coverage
- Analysis: "Cipollone doctrine" revived (Lyle Denniston, December 16, 2008)
- Court orders new review on torture, allows tobacco lawsuits (Lyle Denniston, December 15, 2008)
- Analysis: A rough day for the FTC (Lyle Denniston, October 6, 2008)
- SCOTUSwiki Preview: Altria Group v. Good (Eliza Presson, October 3, 2008)
- A second blow to tobacco appeal (Lyle Denniston, July 9, 2008)
- Court to hear case on "light" cigarette ads (Lyle Denniston, January 18, 2008)
Briefs and Documents
Merit briefs
- Brief for Petitioner Altria Group and Philip Morris USA, Inc.
- Brief for Respondent Stephanie Good, Lori A. Spellman, and Allain L. Thibodeau
- Reply Brief for Petitioner Altria Group and Philip Morris USA, Inc.
Amicus briefs
- Brief for the Product Liability Advisory Council, Inc., in Support of Petitioner
- Brief for the Chamber of Commerce of the United States of America in Support of Petitioner
- Brief for Former Commissioners and Senior Staff of the Federal Trade Commission in Support of Petitioner
- Brief for the Washington Legal Foundation in Support of Petitioner
- Brief for Professors Allan M. Brandt, Robert N. Proctor, David M. Burns, Johnathan M. Samet, and David Rosnerthe in Support of Respondent
- Brief for the States of Maine, Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District Of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Washington, West Virginia, Wisconsin and Wyoming in Support of Respondent
- Brief for the Tobacco Control Legal Consortium, AARP, and Public Justice in Support of Respondent
- Brief for Constitutional and Administrative Law Scholars in Support of Respondent
- Brief for the United States of America in Support of Respondent
- Brief for Former Commissioners of the Federal Trade Commission in Support of Respondent
- Brief for the Maryland Consumer Rights Coalition and Legal Resource Center for Tobacco Regulation, Litigation, and Advocacy in Support of Respondent
- Brief for the American Medical Association, American Cancer Society, Inc., Campaign for Tobacco-Free Kids, American Heart Association, American Lung Association, American Public Health Association, American Legacy Foundation, American College of Chest Physicians, Oncology Nursing Society, and American Academy of Pediatrics in Support of Respondent
- Brief for the National Association of Manufacturers in Support of Reversal
Certiorari-stage documents
- Opinion below (1st Circuit)
- Petition for certiorari
- Brief in opposition
- Brief of the Chamber of Commerce in support of Petitioner
- Brief of R.J. Reynolds Tobacco Company in support of Petitioner
- Petitioner's reply
