altria group et al good et argued october decided december respondents smokers petitioners light cigarettes filed suit alleging petitioners violated maine unfair trade practices act mutpa fraudulently advertising light cigarettes delivered less tar nicotine regular brands district granted summary judgment petitioners finding claim federal cigarette labeling advertising act labeling act first circuit reversed holding labeling act neither expressly impliedly respondents fraud claim held neither labeling act provision federal trade commission actions field respondents fraud claim pp congress may indicate intent statute express language structure purpose see jones rath packing text express clause susceptible one plausible reading courts ordinarily accept reading disfavors bates dow agrosciences llc labeling act stated purposes inform public health risks smoking protecting commerce economy ill effects nonuniform requirements extent consistent first goal although fidelity purposes demand state fraud rules principal question whether result nevertheless required provides requirement prohibition based smoking health shall imposed state law respect advertising promotion cigarettes packages labeled conformity provisions chapter pp respondents claim expressly determined cipollone liggett group lorillard tobacco reilly phrase based smoking health modifies rule issue rather particular application rule cipollone plurality concluded phrase smoking health fairly narrowly construed cipollone plaintiff claim cigarette manufacturers fraudulently misrepresented concealed material fact claim alleged violation duty deceive duty based smoking health respondents also allege violation duty deceive codified mutpa like duty cipollone nothing smoking health respondents claim analogous warning neutralization claim found cipollone reilly consistent cipollone analysis disagrees petitioners alternative argument express framework cipollone reilly rejected american airlines wolens riegel medtronic distinguished pp various federal trade commission decisions respect statements tar nicotine content impliedly state deceptive practices rules like mutpa pp affirmed remanded stevens delivered opinion kennedy souter ginsburg breyer joined thomas filed dissenting opinion roberts scalia alito joined altria group et petitioners stephanie good et al writ certiorari appeals first circuit december justice stevens delivered opinion respondents years smoked light cigarettes manufactured petitioners philip morris usa parent company altria group claim petitioners violated maine unfair trade practices act mutpa specifically allege petitioners advertising fraudulently conveyed message light cigarettes deliver less tar nicotine consumers regular brands despite petitioners knowledge message untrue petitioners deny charge asserting advertisements factually accurate merits dispute us district entered summary judgment favor petitioners ground respondents claim federal cigarette labeling advertising act amended labeling act appeals reversed judgment granted certiorari review holding labeling act neither expressly impliedly respondents fraud claim affirm respondents maine residents longtime smokers marlboro lights cambridge lights cigarettes manufactured petitioners invoking diversity jurisdiction federal district respondents filed complaint alleging petitioners deliberately deceived true harmful nature light cigarettes violation mutpa rev stat tit supp respondents claim petitioners fraudulently marketed cigarettes light containing owered ar convey consumers deliver less tar nicotine therefore less harmful regular cigarettes app respondents acknowledge testing pursuant cambridge filter indicates tar nicotine yields marlboro lights cambridge lights lower regular cigarettes respondents allege however petitioners known relevant times human smokers unconsciously engage compensatory behaviors registered cambridge filter method testing negate effect features light cigarettes covering filter ventilation holes lips fingers taking larger frequent puffs holding smoke lungs longer period time smokers light cigarettes unknowingly inhale much tar nicotine smokers regular cigarettes ibid light cigarettes fact harmful increased ventilation results unique design features produces smoke mutagenic per milligram tar smoke regular cigarettes respondents claim petitioners violated mutpa fraudulently concealing information affirmatively representing use light lowered tar nicotine descriptors cigarettes pose fewer health risks petitioners moved summary judgment ground labeling act expressly respondents cause action relying decisions cipollone liggett group lorillard tobacco reilly district concluded respondents mutpa claim recast respondents claim warning neutralization claim kind cipollone claim charges petitioners produc ing product knew contained hidden risks apparent known consumer claim runs petitioners actually said lights respondents claim said supp difference petitioners said respondents say concern cigarette smoking health quoting reilly district thus concluded respondents claim rests requirement based smoking health precisely kind granted summary judgment petitioners respondents appealed appeals reversed appeals first rejected district characterization respondents claim warning neutralization claim akin claim cipollone instead concluded respondents claim substance fraud claim alleges petitioners falsely represented cigarettes light lowered tar nicotine even though deliver smokers quantities components regular cigarettes fact alleged misrepresentations unaccompanied additional statements nature warning transform claimed fraud failure warn warning neutralization finding respondents claim indistinguishable fraud claim issue cipollone appeals held expressly also rejected petitioners argument respondents claim impliedly success claim stand obstacle purported policy ftc allowing use descriptive terms convey cambridge filter method test results accordingly reversed judgment district concluding respondents claim expressly appeals considered rejected fifth circuit reasoning similar case unlike fifth circuit likened plaintiffs challenge use light descriptors cipollone warning neutralization claim thus found expressly brown brown williamson tobacco granted petition certiorari resolve apparent conflict ii article vi cl constitution provides laws shall law land thing constitution laws state contrary notwithstanding consistent command long recognized state laws conflict federal law without effect maryland louisiana inquiry scope statute effect guided rule purpose congress ultimate touchstone every case medtronic lohr quoting retail clerks schermerhorn congress may indicate intent statute express language structure purpose see jones rath packing federal law contains express clause immediately end inquiry question substance scope congress displacement state law still remains intent may also inferred scope statute indicates congress intended federal law occupy legislative field actual conflict state federal law freightliner myrick addressing questions express implied begin analysis assumption historic police powers superseded federal act unless clear manifest purpose congress rice santa fe elevator assumption applies particular force congress legislated field traditionally occupied lohr see also reilly law said bar state action fiel traditional state regulation namely advertising assumption historic police powers superseded federal act unless clear manifest purpose citation omitted thus text clause susceptible one plausible reading courts ordinarily accept reading disfavors bates dow agrosciences llc congress enacted labeling act response surgeon general determination cigarette smoking harmful health act required every package cigarettes sold contain conspicuous warning positive enactments added federally prescribed warning stat congress amended labeling act years later enacting public health cigarette smoking act amendments strengthened language prescribed warning stat prohibited cigarette advertising medium electronic communication subject fcc jurisdiction also broadened labeling act provision see cipollone plurality opinion discussing difference scope clauses acts labeling act since amended require cigarette manufacturers include four explicit warnings packaging advertisements rotating stated purpose labeling act establish comprehensive federal program deal cigarette labeling advertising respect relationship smoking health whereby public may adequately informed cigarette smoking may hazardous health inclusion warning effect package cigarettes commerce national economy may protected maximum extent consistent declared policy impeded diverse nonuniform confusing cigarette labeling advertising regulations respect relationship smoking health stat requirement cigarette manufacturers include packaging advertising precise warnings mandated congress furthers act first purpose act provisions promote second purpose amended labeling act contains two express provisions section protects cigarette manufacturers inconsistent state labeling laws prohibiting requirement additional statements relating smoking health cigarette packages section issue case provides requirement prohibition based smoking health shall imposed state law respect advertising promotion cigarettes packages labeled conformity provisions chapter together labeling requirement provisions express congress determination prescribed federal warnings necessary sufficient achieve purpose informing public health consequences smoking congress decided additional warning statement needed attain goal may impede commerce cigarettes enforcing rules based assumption federal warnings inadequate although act purposes furthered prohibiting supplementing federally prescribed warning neither served limiting authority prohibit deceptive statements cigarette advertising petitioners acknowledge congress intention insulating tobacco companies liability inaccurate statements relationship smoking health brief petitioners maintain congress intended permit enforcement state fraud rules defeat labeling act purpose preventing nonuniform state warning requirements observed cipollone however fraud claims rely single uniform standard falsity plurality opinion although clear fidelity act purposes demand state fraud rules principal question must decide whether text nevertheless requires result iii construed operative phrases two prior cases cipollone reilly occasions recognized phrase based smoking health modifies rule issue rather particular application rule cipollone plurality consisted chief justice rehnquist justices white stevens read provision amendments labeling act rules well positive enactments unlike justices blackmun kennedy souter plurality concluded provision preclude claims relationship smoking health determine whether particular claim plurality inquired whether legal duty predicate damages action constitutes prohibition based smoking health respect advertising promotion giving clause fair narrow reading applying standard plurality held plaintiff claim cigarette manufacturers fraudulently misrepresented concealed material fact claim alleged violation manufacturers duty deceive duty based smoking health respondents case also allege violation duty deceive duty codified mutpa duty codified state statute like duty imposed state rule issue cipollone nothing smoking petitioners endeavor distance holding arguing respondents claim analogous warning neutralization claim found cipollone although plurality understood plaintiff presented claim theory fraudulent misrepresentation gravamen claim defendants failure warn predicated prohibition statements advertising promotional materials tend minimize health hazards associated smoking thus understood cipollone plurality analysis warning neutralization claim application petitioners nonetheless contend respondents claim like warning neutralization claim based statements might create false impression rather statements inherently false brief petitioners extent falsehood alleged alter nature claim nothing labeling act text purpose plurality opinion cipollone suggests whether claim turns way distinction misleading inherently false statements petitioners misunderstanding one led appeals fifth circuit confronted light descriptors claim reach result odds appeals decision case see brown certainly extent falsehood alleged may bear whether plaintiff prove fraud claim merits respondents claim us erroneous distinction set aside clear holding cipollone fraud claim directly applicable statutory claim issue case true claim cipollone respondents claim deceptive statements light lowered tar nicotine induced purchase petitioners product alleges breach duty sure presence federally mandated warnings may bear materiality petitioners allegedly fraudulent statements possibility change respondents case one statements one warnings decision reilly consistent cipollone analysis reilly involved regulations promulgated massachusetts attorney general order address incidence cigarette smoking smokeless tobacco use children legal age order prevent access products underage customers quoting code mass regs regulations pertain content advertising rather placed variety restrictions certain cigarette sales location outdoor cigarette advertising attorney general promulgated restrictions pursuant statutory authority prevent unfair deceptive trade practices mass laws ch west although attorney general authority derived general deceptive practices statute like one issue case challenged regulations targeted advertising tended promote tobacco use children instead prohibiting false misleading statements thus whereas prohibition cipollone fraud rule prohibitions reilly targeted regulations accordingly holding reilly regulations provides support argument general prohibition deceptive practices based harm caused specific kind deception prohibition applied given case true petitioners argue appeal advertising based relationship smoking health although respondents expressly repudiated claim damages personal injuries see app actual injuries likely encompass harms health well monetary injuries allege arguments unavailing however text refer harms related smoking health rather requirements prohibitions rules based smoking health mutpa says nothing either smoking health general rule creates duty deceive therefore unlike regulations issue petitioners argue alternative reject express framework established cipollone plurality relied reilly invoke reasons set forth separate opinions justice blackmun especially criticized plurality holding claim justice scalia argued fraud claim also acknowledge analysis claims may lack theoretical elegance remain persuaded represents fair understanding congressional purpose cipollone plurality opinion petitioners also contend plurality opinion inconsistent decisions american airlines wolens riegel medtronic cases however inapposite first involved provision much broader labeling act second involved precisely type state rule congress intended issue wolens effect airline deregulation act ada app ed prohibits enacting enforcing law relating rates routes services air carrier plaintiffs case sought bring claim illinois consumer fraud deceptive business practices act comp ch west conclusion claim turned unusual breadth ada provision previously held meaning key phrase ada provision rates routes services broad one morales trans world airlines emphasis added relying precedents construing effect phrase employee retirement income security act concluded phrase relating indicates congress intent large area state law purpose deregulating airline industry unquestionably phrase relating broader scope labeling act reference rules based smoking health whereas relating synonymous connection based describes direct relationship see safeco ins america burr slip common talk phrase indicates causal relationship thus necessary logical condition petitioners reliance riegel similarly misplaced plaintiffs riegel sought bring design manufacturing labeling defect claims manufacturer faulty catheter case presented question whether claims expressly medical device amendments mda et seq mda clause provides state establish continue effect respect device requirement relating safety effectiveness different addition federal requirements riegel slip quoting emphasis deleted catheter issue riegel received premarket approval food drug administration fda concluded premarket approval imposes requirement relating safety effectiveness fda requires device received premarket approval made almost design manufacturing labeling deviations specifications approved application plaintiffs products liability claims fell within core mda provision sought impose different requirements precisely aspects device fda approved unlike cipollone plaintiff fraud claim fell outside labeling act reach seek impose prohibition based smoking health riegel plaintiffs products liability claims unquestionably sought enforce requirement relating safety effectiveness mda relating language mda provision like ada much broader operative language labeling act provides additional basis distinguishing riegel thus contrary petitioners suggestion riegel entirely consistent holding cipollone sum conclude plurality cipollone phrase smoking health fairly narrowly construed encompass general duty make fraudulent statements iv alternative express argument petitioners contend respondents claim impliedly allowed proceed present obstacle longstanding policy ftc according petitioners ftc decades promoted development consumption low tar cigarettes encouraged consumers rely representations tar nicotine content based cambridge filter method testing choosing among cigarette brands even regulatory policy provide basis obstacle petitioners description ftc actions regard inaccurate government disavows policy authorizing use light low tar descriptors brief amicus curiae following publication surgeon general report smoking health ftc issued industry guidance stating view factual statement tar nicotine content expressed milligrams mainstream smoke cigarette measured cambridge filter method testing violate ftc act app commission made clear however guidance applied factual assertions tar nicotine yields invite collateral representations made expressly implication reduction elimination health hazards year later ftc reiterated position letter national association broadcasters letter explained general rule commission challenge statements tar nicotine content shown accurate fully substantiated tests conducted accordance cambridge filter method ftc considered providing guidance proposing rule required manufacturers disclose tar nicotine yields measured cambridge filter method testing fed reg leading cigarette manufacturers responded submitting voluntary agreement disclose tar nicotine content advertising app ftc suspended rulemaking fed reg based events petitioners assert ftc required tobacco companies disclose tar nicotine yields cigarette advertising using testing methodology authorized use descriptors shorthand references numerical test results brief petitioners emphasis original foregoing history shows however ftc fact never required cigarette manufacturers disclose tar nicotine yields condoned representations yields use light low tar descriptors subsequent commission actions undermine petitioners claim tobacco companies agreed report tar nicotine yields measured cambridge filter method ftc continued police cigarette companies misleading use test results ftc responded findings tar nicotine yields barclay cigarettes obtained cambridge filter method testing deceptive cigarettes fact delivered disproportionately tar smokers cigarettes similar cambridge filter method ratings fed reg ftc found manufacturer representation consumers get less tar smoking ten packs carlton brand cigarettes smoking single pack brands deceptive even though based results cambridge filter method testing american tobacco ftc conclusion based recognition truth fact consumers necessarily get less tar due behavior compensatory smoking history shows contrary petitioners suggestion ftc longstanding policy authorizing collateral representations based cambridge filter method test results rather ftc endeavored inform consumers comparative tar nicotine content different cigarette brands instances prevented misleading representations cambridge filter method test results ftc failure require petitioners correct allegedly misleading use light descriptors evidence contrary agency nonenforcement federal statute policy approval cf sprietsma mercury marine holding coast guard decision regulate propeller guards impliedly petitioner tort claims telling ftc recent statements regarding use light low tar descriptors commission observed official definitions terms light low tar sought comments whether need official guidance respect terms whether descriptors convey implied health claims fed reg november following public notice comment commission rescinded guidance concerning cambridge filter method fed reg rescission response consensus among public health scientific communities cambridge filter method sufficiently flawed statements tar nicotine yields measured method likely help consumers make informed decisions commission notice proposal rescind guidance also reiterated original limits guidance noting addresse simple factual statements tar nicotine yields id apply conduct express implied representations even concern ed tar nicotine yields short neither handful industry guidances consent orders petitioners rely ftc inaction regard light descriptors even arguably justifies state deceptive practices rules like mutpa conclude cipollone labeling act claims like respondents predicated duty deceive also hold ftc various decisions respect statements tar nicotine content impliedly respondents claim respondents still must prove petitioners use light lowered tar descriptors fact violated state deceptive practices statute neither labeling act provision ftc actions field prevent jury considering claim accordingly judgment appeals affirmed case remanded proceedings consistent opinion ordered altria group et petitioners stephanie good et al writ certiorari appeals first circuit december justice thomas chief justice justice scalia justice alito join dissenting appeal requires revisit decision cipollone liggett group case question us whether claims alleging cigarette manufacturers misled public health effects cigarettes federal cigarette labeling advertising act amended labeling act act labeling act requires specific health warnings placed cigarette packaging advertising order eliminate diverse nonuniform confusing cigarette labeling advertising regulations respect relationship smoking health end labeling act requirement prohibition based smoking health imposed state law respect advertising promotion cigarettes whether state claims divided cipollone plurality opinion found claims expressly others depending whether legal duty predicate damages action constitutes requirement prohibition based smoking health imposed state law respect advertising promotion internal quotation marks omitted emphasis added majority disagreed plurality approach blackmun concurring part concurring judgment part dissenting part scalia concurring judgment part dissenting part particular justice scalia recognized plurality interpretation created unworkable test little relationship text statute intervening years vindicated justice scalia critical assessment lower courts consistently expressed frustration difficulty applying cipollone plurality test moreover recent decisions undermined cases overruled central aspects plurality atextual approach express generally riegel medtronic labeling act specifically lorillard tobacco reilly majority today ignores problems adopts methodology cipollone plurality governing law consequence majority concludes liability deceiving purchasers health effects smoking light cigarettes requirement prohibition based smoking health labeling act fidelity cipollone unwise unnecessary instead provide lower courts clear test advances congress stated goals interpreting expressly claim imposes obligation effect smoking upon health cipollone supra opinion scalia respondents lawsuit maine unfair trade practices act mutpa rev stat tit supp expressly labeling act civil action premised allegation cigarette manufacturers misled respondents believing smoking light cigarettes healthier smoking regular cigarettes judgment respondents favor thus result requirement petitioners represent effects smoking health particular way advertising promotion light cigarettes liability case thereby premised effect smoking health hold respondents claims expressly labeling act respectfully dissent cipollone smoker spouse brought state claims fraud breach warranty failure warn cigarette manufacturers alleged failure adequately disclose health risks smoking cigarette manufacturer asserted claims labeling act deciding case agree meaning labeling act express provision produced three separate opinions none reflected views majority justices relying heavily presumption state police power regulations plurality opinion justice stevens settled narrow reading labeling act tested effect approach approach considered claim asked whether predicated duty smoking health see also claim however claim predicated general obligation state law may proceed applying test conceded lacked theoretical elegance plurality held claims extent claims rel ied omissions inclusions advertising promotions cigarettes true one fraud claims alleged cigarette manufacturers used advertising neutralize federally required warning labels plurality determined claims predicated prohibition statements tend minimize health hazards associated smoking thus according plurality claims sought recovery theory cigarette manufacturer breached duty based smoking health plurality found fraud claim alleged misrepresentation concealment material fact based general obligation duty deceive justice blackmun writing three justices departed plurality antecedent question whether labeling act state damages claims opinion joined kennedy souter concurring part concurring judgment part dissenting part concluded phrase referred positive enactments statutes regulations justice blackmun specifically noted even state claims within scope labeling act join plurality approach perceive principled basis many plurality asserted distinctions among claims justice blackmun wrote congress intended create hodgepodge allowed disallowed claims amended provision lamented difficulty lower courts ould encounter attempting implement plurality test justice scalia writing two justices also faulted plurality approach opinion joined thomas concurring judgment part dissenting part although agreed plurality phrase encompassed state claims well state statutes regulations justice scalia objected plurality invocation presumption narrowly interpret congress expressed intent state law enacting responsibility apply text ordinary principles statutory construction employing newly crafted doctrine narrow construction justice scalia wrote plurality arrived cramped unnatural construction failed give effect statutory text applying ordinary principles statutory construction justice scalia determined proper test claims far less complicated plurality approach explained nce one forced select consistent methodology evaluating whether given legal duty smoking health becomes obvious methodology must focus upon ultimate source duty upon proximate application proximate application test therefore focuses duty invoked plaintiff effect suit cigarette manufacturer conduct requirement prohibition imposed state law put simply whatever source duty claim imposes obligation effect smoking upon health see also test setting one practical compulsion whether law practically compels manufacturers engage behavior congress barred prescribing directly justice scalia also seconded justice blackmun concern lower courts find plurality distinctions materially identical claims incapable application disposition raises questions answers serve country well ii sixteen years later must confront cipollone resolve question presented case whether respondents claims fraudulent marketing mutpa labeling act majority adheres cipollone remain persuaded plurality construction ante disagree discard cipollone plurality approach replace justice scalia far workable textually sound proximate application test majority assert cipollone plurality opinion binding precedent rightly plurality opinion represent views majority bound reasoning cts dynamics america omitted cipollone point reference discussion texas brown plurality opinion even plurality opinion force beyond mere persuasive value nevertheless abandoned unworkable overtaken recent decisions reconciled commonsense reading text predicted majority justices cipollone plurality opinion approach proved unworkable lower federal courts state courts district case properly observed courts remain divided decision means apply cipollone distinctions though clear theory defy clear application supp courts expressed similar frustration cipollone framework see glassner reynolds tobacco applying plurality opinion cipollone complaint present case easy task huddleston reynolds tobacco supp nd understatement say difficult apply plurality opinion cipollone amended complaint case impossibility welding fume prods liability litigation supp nd ohio cipollone delivered fractured plurality opinion easy comprehend whiteley philip morris cal app cal rptr cipollone due inherent contradiction core case mangini reynolds tobacco cal rptr cal app cipollone draws bright lines amenable easy application aff cal retain interpretative test proved incapable implementation mischievous consequences litigants courts alike perpetuation unworkable rule great swift wickham federal election wisconsin right life slip scalia concurring part concurring judgment stare decisis considerations carry little weight erroneous decisio created legal regime quoting payne tennessee owe far lower courts depend guidance litigants must conform actions interpretation federal law cipollone plurality test abandoned reason alone furthermore years since cipollone decided altered doctrinal approach express cipollone plurality justified described theoretical elegance construction relying presumption argued required narrow fair construction statute see majority opinion presumption reinforces appropriateness narrow reading plurality opinion must narrowly construe precise language must given fair narrow reading conclude phrase smoking health fairly narrowly construed encompass general duty make fraudulent statements course justice scalia explained nothing fair imposing artificially narrow construction labeling act provision see explaining presumption dissolves conclusive evidence intent express words statute since cipollone reliance presumption waned express context example unanimously explained task statutory construction must first instance focus plain wording express clause necessarily contains best evidence congress intent sprietsma mercury marine internal quotation marks omitted without referring presumption decided federal boat safety act express provision claims decisions since cipollone also refrained invoking presumption context express see rowe new hampshire motor transp engine mfrs assn south coast air quality management buckman plaintiffs legal locke geier american honda motor invoked presumption sporadically time frame majority notes ante medtronic lohr applied presumption deciding federal manufacturing labeling requirements medical device amendments mda state claims like cipollone lohr produced fractured decision featuring three opinions opinion stevens breyer concurring part concurring judgment concurring part dissenting part like cipollone lohr approach express predates recent jurisprudence topic fact last year revisited provision mda employ presumption riegel medtronic see infra recently reilly case revisiting meaning labeling act briefly alluded presumption rely reach decision see indeed cursory treatment presumption reilly stands stark contrast first circuit decision reversed first circuit relied heavily full force presumption determine regulations issue see consolidated cigar reilly overturning judgment declined employ presumption construction see reilly justice stevens highlighted point dissent arguing presumption faithfully applied result different majority also relies bates dow agrosciences llc presumption mentioned dicta reilly presumption drive construction statute issue explaining presumption meant holding even respondent alternative construction statute plausible reading text see also thomas concurring judgment part dissenting part agreeing case vacated remanded reiterating presumption apply congress included within statute express provision bottom although treatment presumption uniform express cases since cipollone marked retreat reliance distort statutory text doubt remained eliminated last term riegel question riegel noted whether mda expressly state claims challenging safety effectiveness medical device given premarket approval food drug administration slip dissent one justice held claims requirements plaintiffs sought impose addition requirement applicable federal law slip quoting interpreted statute without reference presumption perceived need impose narrow construction provision order protect police power rather simply construed mda accordance ordinary principles statutory construction accidental dissent focused refusal invoke presumption order save claims slip opinion ginsburg dissent adamant ederal laws containing preemption clause automatically escape presumption ibid slip slip text clause open one plausible reading courts ordinarily reading disfavors quoting bates supra accordance presumption dissent found claims review fall beyond reach mda express provision slip see also slip slip rejecting majority construction presumption operative even construing preemption clause given dissent clear call use presumption decision invoke necessarily rejection role presumption construing statute justice stevens also declined invoke presumption opinion opinion concurring part concurring judgment view significance provision mda fully appreciated many years enacted therefore statute whose text general objective cover territory actually envisioned authors slip justice stevens opinion riegel unlike majority opinion plurality opinion cipollone dissenting opinion riegel invoke presumption bend text statute meet perceived purpose congress instead justice stevens correctly found ultimately provisions laws rather principal concerns legislators governed slip quoting oncale sundowner offshore services light riegel authority invoking presumption express cases majority thus turns lohr revive presumption turn justify restrictive reading labeling act express provision riegel plainly shows longer willing unreasonably interpret expressly federal laws name purpose ante congress legislated field traditionally occupied ante text statute must control riegel also undermined cipollone even fundamental way conclusively decided cause action imposes may federal law slip absent indication reference state includes duties indeed one think tort law applied juries negligence standard less deserving preservation regulatory legislation justice blackmun contrary interpretation labeling act cipollone opinion concurring part concurring judgment part dissenting part provided votes necessary judgment thus longer tenable light riegel rejection presumption relied plurality well definition requirements relied justice blackmun concurring opinion cipollone approach express nothing remnant abandoned doctrine planned parenthood southeastern casey cipollone plurality reading labeling act undermined decision reilly confronted regulations imposed massachusetts attorney general location tobacco advertising pursuant commonwealth unfair trade practices statute found regulations extent applied cigarettes expressly although massachusetts remained free enact generally applicable zoning restrictions imposition special requirements prohibitions smoking health respect advertising promotion fell within ambit sweep reilly ignore cipollone cited plurality opinion extensively discussion basic history text labeling act analyzing whether regulations enacted massachusetts attorney general expressly silent cipollone unlike district saw central question purposes whether regulations create predicate legal duty based smoking health substantive examination regulations included mention cipollone plurality predicate duty test see instead disagreed attorney general narrow construction statute smoking language concluded regulations motivated intertwined concerns smoking health reilly therefore reconciled cipollone plurality interpretation labeling act regulations issue reilly enacted implement massachusetts state law imposing duty unfair deceptive trade practices predicate duty asserted mutpa case duty issue reilly less general duty issue case fraud claims confronted cipollone compare mass laws ch west unfair methods competition unfair deceptive acts practices conduct trade commerce hereby declared unlawful rev stat tit supp unfair methods competition unfair deceptive acts practices conduct trade commerce declared unlawful cipollone supra explaining predicate plaintiff fraudulent misrepresentation claim duty make false statements material fact conceal facts faithful application cipollone plurality opinion therefore required reilly uphold regulations indeed justice stevens argued much dissent noting ary word three cipollone opinions supports thesis interpreted state regulation location signs advertising cigarettes yet majority today finds reilly cipollone perfectly compatible contends although regulations question reilly derived general deceptive practices statute like one issue case targeted advertising tended promote tobacco use children instead prohibiting false misleading statements ante according majority legal duty contrasts regulations mutpa says nothing either ante see also ante cipollone plurality expressly rejected distinction targeted regulations like reilly general duties imposed common law fact general duties underlying claims cipollone plurality found say nothing smoking health see also scalia concurring judgment part dissenting part noting duty warn product dangers specifically crafted eye toward accordingly reilly better understood establishing even general duty impose requirements prohibitions based smoking health reilly weakened force cipollone plurality predicate duty approach effect cast doubt continuing utility finally cipollone plurality approach discarded predicate duty approach unpersuasive initial matter considering claim example cipollone plurality asserted claim predicated prohibition minimizing health risks associated smoking today reaffirms view ante see also ante describing expressly rules based smoking health every products liability action including action applies generally products see cipollone supra opinion scalia thus duty rule involved claim specific smoking health fraud claim based duty rule use deceptive misleading trade practices yet latter cipollone plurality content ignore context claim asserted shifting level generality identified logical weakness original cipollone plurality decision majority blackmun concurring part concurring judgment part dissenting part opinion scalia remains equally unconvincing today therefore unsurprising defense plurality confusing test confined one sentence see ante acknowledge analysis claims may lack elegance remain persuaded represents fair understanding congressional quoting cipollone supra ante majority instead argues approach fails explain congress permi cigarette manufacturers engage fraudulent advertising ante explanation necessary text speaks congress claims impose requirement prohibition based smoking health thus cigarette manufacturers falsely advertise products official cigarette major league baseball claims arising wrongful behavior furthermore contrary majority policy arguments faithful application statutory language authorize fraudulent advertising respect smoking misleading promotional statements cigarettes remain subject federal regulatory oversight labeling act see relevant question thus whether petitioners prohibited selling tar cigarettes actually light actually deliver less tar nicotine ante rather issue whether labeling act allows regulators juries decide basis whether petitioners light descriptors fact fraudulent instead whether charged federal government reaching comprehensive judgment respect question congress chose uniform federal standard labeling act congress establish ed comprehensive federal program deal cigarette labeling advertising commerce national economy may impeded diverse nonuniform confusing cigarette labeling advertising regulations respect relationship smoking health majority distorted interpretation defeats express congressional purpose opening door untold number lawsuits across country question whether marketing light cigarette light compensatory behavior almost certainly answered differently state state cipollone supra opinion scalia inevitably result nonuniform imposition liability marketing light cigarettes precise problem congress intended remedy light serious flaws majority approach even cipollone plurality opinion binding precedent hesitate allow precedent yield true meaning act congress statutory precedent reasoned clark martinez thomas dissenting quoting holder hall thomas concurring judgment turn quoting payne internal quotation marks omitted confusion following splintered decision reason reexamining decision nichols decision failed properly interpret statute place shoulders congress burden error girouard iii applying proper test whether jury verdict respondents claims impos obligation cigarette manufacturer effect smoking upon health cipollone supra scalia concurring judgment part dissenting part respondents claims expressly labeling act respondents longtime smokers marlboro lights claim suffered injury result petitioners decision advertise cigarettes light low nicotine products supp claim petitioners marketed cigarettes light products despite knowledge smokers engage compensatory behavior causing inhale least much tar nicotine smokers regular cigarettes ibid respondents thus allege misled thinking gaining health advantage smoking light cigarettes result petitioners conduct unfair deceptive act practice mutpa rev stat tit supp respondents claims seek impose liability petitioners effect smoking light cigarettes health alleged misrepresentation light cigarettes healthy advertised actionable effect smoking light cigarettes respondents health otherwise alleged misrepresentation effect cigarettes health immaterial purposes mutpa source injuries provided impetus lawsuit see state weinschenk act practice deceptive mutpa material representation omission act practice likely mislead consumers acting reasonably circumstances emphasis added therefore suit respondents seek require cigarette manufacturers provide additional warnings compensatory behavior prohibit selling products light descriptors exactly type lawsuit labeling act cf rowe slip finding maine regulation shipping tobacco products maine law produces effect federal law sought avoid proper test look factual basis complaint determine claim imposes requirement based smoking health meaningful distinction drawn case claims claims majority readily admits types claims impose duties respect conduct marketing light cigarettes see ante claims arise identical conduct claims impose requirement prohibition respect conduct allegedly wrongful conduct involves misleading statements health effects smoking particular brand cigarette liability resulting requirement prohibition definition based smoking health finally oral argument respondents argued claims impose requirements based smoking health damages seek recover based effect smoking health rather respondents asking difference value product thought buying product actually bought tr oral arg requirement prohibition covered created imposition liability particular conduct way petitioners marketed light cigarettes manner respondents chosen measure damages matter respondents characterize damages claim injured purposes mutpa thus recover unless decision purchase cigarettes negative effect health event respondents sought injunctive relief may appropriate case app mutpa specifically authorizes equitable relief including injunction remedy unfair deceptive trade practices rev stat tit west injunction prohibiting petitioners marketing light cigarettes less requirement prohibition regulations found reilly end matter form remedy takes liability respect specific claim still creates requirement prohibition liability necessarily premised effects smoking health respondents claims civil action labeling act iv today elects convert cipollone plurality opinion binding law notwithstanding weakened doctrinal foundation atextual construction statute lower courts inability apply methodology resulting confusion nature claim predicate duty inevitable disagreement lower courts type representations material misleading perverse effect increasing nonuniformity state regulation cigarette advertising exact problem congress intended remedy may even force us yet revisit interpretation labeling act believe respondents claims labeling act respectfully dissent footnotes mutpa provides relevant nfair methods competition unfair deceptive acts practices conduct trade commerce declared unlawful construing section courts guided interpretations given federal trade commission federal courts section federal trade commission act code time time amended cambridge filter method weighs measures tar nicotine collected smoking machine takes milliliter puffs two seconds duration every seconds cigarette smoked specified butt length app discussed federal trade commission ftc commission signaled cambridge filter method acceptable means measuring tar nicotine content cigarettes never required manufacturers publish test results advertisements stat pub stat though actually enacted congress directed cited act comprehensive smoking education act pub stat petitioners also urge us find support claim congress gave ftc exclusive authority police deceptive claims cigarette advertising refer labeling act saving clause clause provides apart warning requirement nothing act shall construed limit restrict expand otherwise affect authority federal trade commission respect unfair deceptive acts practices advertising cigarettes plurality previously read clause indicat congress intended phrase smoking health construed narrowly proscribe regulation deceptive advertising cipollone liggett group nothing clause suggests congress meant proscribe historic regulation deceptive advertising practices ftc long depended cooperative state regulation achieve mission although one smallest administrative agencies charged policing enormous amount activity see kanwit federal trade commission ed supp moreover labeling act amended even clear ftc possessed rulemaking authority see stat making highly unlikely congress intended assign exclusively ftc substantial task overseeing deceptive practices cigarette advertisements dissent justice thomas criticizes reliance plurality opinion cipollone post advocates adopting analysis set forth justice scalia opinion concurring judgment part dissenting part case post justice scalia approach rejected seven members almost years since cipollone decided congress done nothing indicate approval approach moreover justice thomas fails explain congress intended result justice scalia approach produce namely permitting cigarette manufacturers engage fraudulent advertising majority concluded cipollone nothing labeling act language purpose supports result cipollone plurality stated warning neutralization claim merely converse requirement warnings included advertising promotional materials evincing plurality recognition warning neutralization claims two sides coin justice thomas criticism plurality treatment claim post beside point claim issue litigation appeals observed respondents allegations regarding petitioners use statements light lowered tar nicotine also support warning neutralization claim respondents bring claim fact petitioners suggest elevate form substance nothing new recognition conduct might violate multiple proscriptions justice thomas contends respondents fraud claim must judgment favor result petitioners represent effects smoking health particular way advertising promotion light cigarettes post asserts respondents seek require cigarette manufacturers provide additional warnings compensatory behavior prohibit selling products descriptors post mischaracterizes relief respondents seek respondents prevail trial petitioners prohibited selling light low tar cigarettes actually light actually deliver less tar nicotine barring intervening federal regulation petitioners remain free make nonfraudulent use light descriptors implementing mutpa neither state legislature state attorney general enacted set special rules guidelines targeted cigarette advertising noted cipollone threatened enactment new state warning requirements rather enforcement general prohibitions deceptive practices prompted congressional action petitioners also point morales evidence decision cipollone wrong morales predated cipollone event even easily distinguishable case american airlines wolens issue morales guidelines regarding form substance airline fare advertising implemented national association attorneys general give content state deceptive practices rules like regulations issue reilly guidelines directives targeted subject matter made ada express provisions see also rowe new hampshire motor transp holding targeted ground carrier regulations statute modeled ada different action ftc charged cigarette manufacturer violating ftc act misleadingly advertising certain brands low tar even though tar rating see american brands commission manufacturer entered consent order prevented manufacturer making representations unless accompanied clear conspicuous disclosure cigarettes tar nicotine content measured cambridge filter method petitioners offer consent order evidence ftc authorized use light low tar descriptors long accurately describe cambridge filter method test results government observes however decree enjoined conduct brief amicus curiae consent order event binding parties agreement reasons consent order support conclusion respondents claim impliedly seems particularly inappropriate read policy authorization ftc inaction inaction part result petitioners failure disclose study results showing cambridge filter method test results reflect amount tar nicotine consumers light cigarettes actually inhale see footnotes justice scalia also criticized plurality announcing new rule enactment express clause eliminates consideration implied explained new rule created mischief combined presumption placed heavy burden exactitude congress wishes say anything see cipollone also cipollone liggett group fractured decision lohr source confusion lower courts see kemp medtronic various courts appeals confronted issues preemption arising mda struggled mightily lohr language effort discern holding see also martin medtronic parts justice stevens opinion commanded majority extracting final meaning lohr easy task although justice breyer concurrence specifically disavows view common law duties provide substantive requirements purpose preemption neither concurrence plurality opinion offers much help us developing point confusion cleared riegel see infra majority attack easily leveled determination labeling act claims basis fact law contend labeling act encourages marketing hazardous products without adequate warning labels ante basis contend text labeling act permits fraudulent advertising majority contends relatively constrained enforcement power federal trade commission ftc undermines argument congress intended labeling act prevent regulating deceptive advertising marketing cigarettes ante unwilling rely majority perception relative power ftc ignore congress stated purpose enacting labeling act plain meaning act express provision amicus brief oral argument conspicuously declined address express defend cipollone opinion reasoning see brief amicus curiae instead addressed question implied issue reach resolution question express majority observation claim issue case ante misses point principal weakness cipollone plurality logic distinction claims warning neutralization claims fraud fact predicate duty underlying new jersey products liability law majority claims claim derived see ante specific smoking health predicate duty underlying fraud claim see cipollone opinion scalia duty transcends relationship cigarette companies cigarette smokers neither duty specifically crafted eye toward opinion blackmun see also supra thus fraud claims must stand fall together majority refusal address logical inconsistency approach remains glaring today cipollone