The U.S. Supreme Court held that the federal government's extensive regulation of tobacco, including an express preemption of state labeling and warning requirements about smoking and health, did not preempt a state law tort claim for fraudulent advertising by a tobacco company in:

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The case Altria Group v. Good held that the federal regulation of tobacco did not preempt state law claims for fraudulent advertising, allowing such claims to proceed.

The US Supreme Court Held That the Federal Government's Extensive Regulation