The Supreme Judicial Court of Massachusetts has allowed a class action alleging deceptive cigarette marketing to go forward, rejecting an attempt by the makers of Marlboro Lights to evade the U.S. Supreme Court's December pre-emption decision in Altria Group v. Good. The commonwealth's court of last resort also held that, although Massachusetts law defers to federal regulatory boards, the tobacco maker failed to show that the Federal Trade Commission (FTC) had given affirmative permission to use the descriptive terms, "light" and "lower tar and nicotine," on cigarette packs.
March 23, 2009 at 12:00 AM
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