Altria Group, Inc., et al. v. Good, et al.

Joint brief of the United States and the Federal Trade Commission as amicus curiae before the Supreme Court, in support of respondents and urging affirmance of the decision of the United States Court of Appeals for the First Circuit. That decision held that respondents’ claims under the Maine Unfair Trade Practices Act were not expressly preempted by the Federal Cigarette Labeling and Advertising Act, or impliedly preempted by various actions taken by the Federal Trade Commission. Respondents alleged that, by describing two brands of cigarettes petitioners sold as “Lights” and “Lowered Tar and Nicotine,” petitioners falsely claimed that those brands were less harmful. In the brief, the agencies argue that respondents’ lawsuit would not undermine the Commission’s policies. The brief further explains that neither through industry guidance nor through consent agreements has the Commission ever required the disclosure of a brand’s tar and nicotine yields, or authorized the use of descriptors such as “Lights,” or “Lowered Tar and Nicotine.”