Managers and the Legal Environment 7th Edition by David Madsen, Constance Bagley

Exercise 11

Stephanie Good smoked "light" Marlboro and Cambridge cigarettes for more than fifteen years. Light cigarettes have lower levels of nicotine and tar than regular cigarettes but can be even more harmful. Good sued the cigarette manufacturer Philip Morris under the Maine Unfair Trade Practices Act (MUTPA), claiming that by labeling the cigarettes "light" and "lower tar and nicotine," Philip Morris intentionally deceived consumers into believing that the health risks were not as great as with regular cigarettes. The MUTPA bans unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce. The cigarette manufacturer had labeled the packages in accordance with the Federal Cigarette Labeling and Advertising Act and Federal Trade Commission regulations. Is Good's claim for intentional deception under the MUTPA preempted by federal law? [Altria Group, Inc. v. Good, 555 U.S. 70 (2008).]