	Introduction

In Altria Group, Inc. v. Good , the Supreme Court agreed to resolve a split that developed in the circuit courts with regard to whether the Federal Cigarette Labeling and Advertising Act (FCLAA) expressly or impliedly preempted state law claims regarding light or low-tar nicotine descriptors in cigarette advertisements. On December 15, 2008, the Court in Good , by a vote of 5-4, affirmed the First Circuit Court of Appeals' holding that the FCLAA neither expressly nor impliedly preempted the respondents' state common law fraud claim. The Supreme Court has discussed the preemptive effect of the FCLAA in two previous cases, Cipollone v. Liggett Group, Inc. and Lo ri l lard Tobacco Co. v. Reilly . This report first provides an overview of the doctrine of preemption, the history of the FCLAA, and the major Supreme Court decisions that have interpreted the preemption provision (§5) of the act. This report examines the Supreme Court's decision in Altria Group, Inc. v. Good and the effect this decision could have on future tobacco litigation and preemption jurisprudence, in addition to the effect of H.R. 1256 , the Family Smoking Prevention and Tobacco Control Act. The court of appeals held that the district court erred in applying the predicate duty test when it ruled that the FCLAA did not expressly preempt any of the plaintiffs' state law claims for redhibition, breach of express and implied warranties, and fraudulent misrepresentation and concealment. According to the Court's decision, Congress had no intent to preempt these types of claims. claims." There is also the possibility that the Court's decision will affect preemption jurisprudence.
The Supreme Court issued its decision in Altria Group., Inc. v. Good on December 15, 2008. The Court, by a vote of 5-4, held that the Federal Cigarette Labeling and Advertising Act (FCLAA) neither expressly nor impliedly preempted state law claims of fraud. In this decision the Court examined the preemptive effect of section 5(b) of the act (15 U.S.C. §1334(b)) with regard to the claim that light or low-tar nicotine descriptors in cigarette advertising violated the Maine Unfair Trade Practices Act. The decision resolved a split between the circuits—the First Circuit Court of Appeals had ruled that the FCLAA did not preempt the plaintiffs' claim and the Fifth Circuit Court of Appeals, hearing a similar case, ruled that the FCLAA preempted such state-law claims.
This report provides an overview of section 5 of the FCLAA and how it was amended in 1969; additionally, it examines the previous Supreme Court cases, Cipollone v. Liggett Group, Inc. and Lorillard Tobacco Co. v. Reilly, that interpreted the preemptive scope of section 5. Both parties in Good relied on these cases to argue that the FCLAA either preempts or does not preempt state law claims of fraud. This report also discusses the lower court decisions that were issued prior to examining the Court's decision in Good. Finally, there is a discussion of potential issues that may arise out of the Court's decision, such as its impact on future litigation and preemption jurisprudence, in addition to the effect that H.R. 1256, the Family Smoking Prevention and Tobacco Control Act, may have upon the Court's ruling.