United States First Circuit

In a suit claiming that a cigarette manufacturer made fraudulent misrepresentations in violation of the Maine Unfair Trade Practices Act by advertising and promoting cigarette brands as "light" and having "Lowered Tar and Nicotine," summary judgment for defendant-manufacturer is vacated and remanded where plaintiffs claims were not: 1) expressly preempted by the Federal Cigarette Labeling and Advertising Act, 2) implicitly preempted, either by the FCLAA or by the FTC's oversight of tar and nicotine claims in cigarette advertising, or 3) barred by the Maine Act's exemption for "transactions or actions otherwise permitted under laws administered by any regulatory board or officer."

Appellate Information

• Decided 08/31/2007
• Published 08/31/2007

Judges

• HOWARD, Circuit Judge., Before HOWARD, Circuit Judge, SELYA, Senior Circuit Judge, and SHADUR, Senior District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Todd S. Heyman, with whom Thomas V. Urmy, Jr., Shapiro Haber & Urmy, LLP, Gerard V. Mantese, Mark C. Rossman, Mantese and Associates, P.C., Samuel W. Lanham and Cuddy & Lanham, were on brief, for appellants.


• For Appellees:
  
• Kenneth J. Parsigian, with whom Goodwin Procter LLP, H. Peter Del Bianco, Jr., Lambert Coffin, Guy Miller Struve and Davis Polk & Wardwell, were on brief, for appellees.