morales trans world airlines argued march decided june order ensure undo anticipated benefits federal deregulation airline industry provision airline deregulation act ada prohibits enforcing law relating air carriers rates routes services app national association attorneys general naag adopted guidelines contain detailed standards governing inter alia content format airline fare advertising purport enforceable general consumer protection statutes petitioner predecessor attorney general texas sent notices intent sue enforce guidelines allegedly deceptive fare advertisements several respondent airlines respondents filed suit district injunctive relief claiming state regulation fare advertisements ultimately issued order permanently enjoining state enforcement action regulate restrict aspect respondents fare advertising operations involving rates routes services appeals affirmed held assuming state enforcement fare advertising portions naag guidelines district properly award respondents injunctive relief restraining enforcement basic doctrine equity courts act moving party adequate remedy law prevent federal courts enjoining state officers acting enforce unconstitutional state law action imminent repetitive penalties attach continuing repeated violations law moving party lacks realistic option violating law raising federal defenses ex parte young petitioner threatened enforce obligations described fare advertising portions guidelines however injunction must vacated insofar restrains operation state laws respect matters see public serv utah wycoff pp enforcement naag fare advertising guidelines state general consumer protection laws ada pp light breadth relating phrase state enforcement action connection reference airline rates routes services cf shaw delta air line petitioner various objections reading strained well taken pp challenged naag guidelines require inter alia advertisements contain certain disclosures fare terms restrictions availability obviously relat rates within meaning therefore guideline bears express reference airfares collectively establish binding requirements tickets may marketed sold given prices event beyond guidelines express reference fares clear economic matter forbidden effect upon fares compelled disclosures advertising restrictions significant impact airlines ability market product hence significant impact upon fares charge pp scalia delivered opinion white kennedy thomas joined stevens filed dissenting opinion rehnquist blackmun joined post souter took part consideration decision case stephen gardner assistant attorney general texas argued cause petitioner briefs dan morales attorney general texas pro se pryor first assistant attorney general mary keller deputy attorney general keith jones argued cause respondents brief respondent airlines david wilks corban andrew freedman ronald secrest brief state attorneys general respondents courts rule support petitioner filed daniel lungren attorney general california roderick walston chief assistant attorney general herschel elkins senior assistant attorney general albert norman sheldon deputy attorney general scott harshbarger attorney general massachusetts ernest sarason assistant attorney general hubert humphrey iii attorney general minnesota david woodward special assistant attorney general robert abrams attorney general new york ronna brown andrea levine assistant attorneys general charles cole attorney general alaska james forbes assistant attorney general grant woods attorney general arizona carmen claudio assistant attorney general gale norton attorney general colorado garth lucero first assistant attorney general richard blumenthal attorney general connecticut robert langer assistant attorney general robert butterworth attorney general florida richard scott assistant attorney general larry echohawk attorney general idaho brett delange deputy attorney general roland burris attorney general illinois deborah hagen assistant attorney general bonnie campbell attorney general iowa steve clair assistant attorney general robert stephan attorney general kansas dan kolditz deputy attorney general joseph curran attorney general maryland vincent demarco assistant attorney general frank kelley attorney general michigan frederick hoffecker assistant attorney general william webster attorney general missouri clayton friedman assistant attorney general stenberg attorney general nebraska paul potadle assistant attorney general frankie sue del papa attorney general nevada phillip byrnes deputy attorney general lacy thornburg attorney general north carolina sturgis assistant attorney general nicholas spaeth attorney general north dakota david huey assistant attorney general lee fisher attorney general ohio mark assistant attorney general susan loving attorney general oklahoma jane wheeler assistant attorney general charles crookham attorney general oregon virginia linder solicitor general michael reynolds assistant attorney general james attorney general rhode island terrance hassett lee baker special assistant attorneys general mark barnett attorney general south dakota jeffrey hallem assistant attorney general charles burson attorney general tennessee charlotte rappuhn assistant attorney general jeffrey amestoy attorney general vermont wallace malley assistant attorney general kenneth eikenberry attorney general washington robert manifold assistant attorney general mario palumbo attorney general west virginia darling deputy attorney general james doyle attorney general wisconsin james jeffries barbara tuerkheimer assistant attorneys general joseph meyer attorney general wyoming mark moran assistant attorney general stephen nightingale argued cause amicus curiae urging affirmance brief acting solicitor general roberts assistant attorney general gerson robert zener robert kamenshine arthur rothkopf briefs amici curiae urging reversal filed state hawaii et al warren price iii attorney general hawaii girard lau steven michaels deputy attorneys general attorneys general respective follows james evans alabama linley pearson indiana richard ieyoub louisiana mike moore mississippi robert del tufo new jersey tom udall new mexico ernest preate pennsylvania paul van dam utah mary sue terry virginia public citizen aviation consumer action project cornish hitchcock alan morrison briefs amici curiae urging affirmance filed american airlines steven mccracken jane allen american association advertising agencies david versfelt valerie schulte association national advertisers burt neuborne gilbert weil justice scalia delivered opinion issue case whether airline deregulation act app et preempts prohibiting allegedly deceptive airline fare advertisements enforcement general consumer protection statutes prior federal aviation act faa stat amended app et gave civil aeronautics board cab authority regulate interstate air fares take administrative action certain deceptive trade practices however expressly preempt state regulation contained saving clause providing othing chapter shall way abridge alter remedies existing common law statute provisions chapter addition remedies app result able regulate intrastate airfares including offered interstate air carriers see california cab app cert denied enforce laws deceptive trade practices see nader allegheny airlines however congress determining maximum reliance competitive market forces best efficiency innovation low prices well variety quality air transportation services enacted airline deregulation act ada app ensure undo federal deregulation regulation ada included preemption provision prohibiting enforcing law relating rates routes services air carrier ada retained cab previous enforcement authority regarding deceptive trade practices transferred department transportation dot cab abolished also repeal alter saving clause prior law national association attorneys general naag organization whose membership includes attorneys general various territories district columbia adopted air travel industry enforcement guidelines set forth appendix opinion containing detailed standards governing content format airline advertising awarding premiums regular customers frequent flyers payment compensation passengers voluntarily yield seats overbooked flights guidelines purport create new laws regulations applying airline industry rather claim explain detail existing state laws apply air fare advertising frequent flyer programs naag guidelines introduction despite objections guidelines dot federal trade commission ftc preemption policy grounds attorneys general seven including petitioner predecessor attorney general texas sent memorandum major airlines announcing come attention although airlines making concerted effort bring advertisements compliance standards delineated guidelines fare advertising many carriers still disclosing surcharges violation guidelines memorandum said signatories purpose clarify industry whole practice violation respective state laws deceptive advertising trade practices warned advisory memorandum initiati immediate enforcement actions expressed hope protracted litigation issue necessary airlines discontinue practice immediately memorandum attorneys general colorado kansas massachusetts missouri new york texas wisconsin dated february exhibit exhibit motion temporary restraining order app several months later petitioner office sent letters several respondents serving formal notice intent sue letter assistant attorney general texas dated november app respondents filed suit federal district claiming state regulation fare advertisements preempted seeking declaratory judgment inter alia guidelines preempted requesting injunction restraining texas taking action law conjunction guidelines regulate respondents rates routes services advertising marketing district entered preliminary injunction effect determining respondents likely prevail preemption claim trans world airlines mattox wd tex subsequently extended injunction propriety extension us appeals affirmed trans world airlines mattox subsequently district unreported order permanently enjoined taking enforcement action restrict aspect respondents fare advertising operations relating rates routes services appeals affirmed granted certiorari ii discussing whether preempts state enforcement challenged guidelines first consider whether assuming district properly award respondents injunctive relief basic doctrine equity jurisprudence courts equity act moving party adequate remedy law suffer irreparable injury denied equitable relief littleton younger harris ex parte young held doctrine prevent federal courts enjoining state officers threaten commence proceedings either civil criminal nature enforce parties affected unconstitutional act violating federal constitution enforcement actions imminent least repetitive penalties attach continuing repeated violations moving party lacks realistic option violating law raising federal defenses adequate remedy law see think young establishes injunctive relief available described attorneys general seven including petitioner predecessor made clear seek enforce challenged portions guidelines concerning fare advertising suits respective state laws texas law least imposes additional liability way civil penalties consumer treble damages actions multiple violations see ann supp like plaintiff young respondents faced hobson choice continually violate texas law expose potentially huge liability violate law test case suffer injury obeying law pendency proceedings review district however enjoined petitioner enforcing fare advertising sections guidelines also initiating enforcement action seek regulate restrict aspect plaintiff airlines air fare advertising operations involving rates routes services disregarded limits exercise injunctive power suits one plaintiff intends first strike prevent state initiating suit prospect state suit must imminent prospect suit supplies necessary irreparable injury see public serv utah wycoff ex parte young thus speaks enjoining state officers threaten commence proceedings emphasis added see also recognized related context conjectural injury warrant equitable relief see supra rule assuming meet article iii requirements require federal courts determine constitutionality state laws hypothetical situations even clear state consider law applicable problem vividly enough illustrated blunderbuss injunction present case declares preempted state suit involving aspect airlines rates routes services petitioner threatened enforce obligations described guidelines regarding fare advertising injunction must vacated insofar restrains operation state laws respect matters iii turn question whether enforcement naag guidelines fare advertising state general consumer protection laws preempted ada often observed reemption may either express implied compelled whether congress command explicitly stated statute language implicitly contained structure purpose fmc holliday internal quotation marks omitted shaw delta air lines question bottom one statutory intent accordingly begin language employed congress assumption ordinary meaning language accurately expresses legislative purpose holliday supra park fly dollar park fly section expressly preempts enact ing enforc ing law rule regulation standard provision force effect law relating rates routes services air carrier purposes present case key phrase obviously relating ordinary meaning words broad one stand relation bearing concern pertain refer bring association connection black law dictionary ed words thus express broad preemptive purpose repeatedly recognized addressing similarly worded preemption provision employee retirement income security act erisa preempts state laws insofar relate employee benefit plan said example breadth provision preemptive reach apparent language shaw supra broad scope metropolitan life ins massachusetts expansive sweep pilot life ins dedeaux broadly worded mcclendon deliberately expansive pilot life supra conspicuous breadth holliday supra true word held state law relates employee benefit plan preempted erisa connection reference plan shaw supra since relevant language ada identical think appropriate adopt standard state enforcement actions connection reference airline rates routes services preempted app petitioner raises number objections reading none think well taken first claims may use interpretation identical language erisa guide sweeping nature erisa preemption derives relates language wide inclusive sweep comprehensive erisa scheme asserts ada brief petitioner argument flatly contradicted erisa cases clearly unmistakably rely express preemption principles construction phrase relates see shaw supra citing dictionary definitions supra petitioner also stresses faa saving clause preserves remedies existing common law statute app broader erisa counterpart commonplace statutory construction specific governs general see crawford fitting gibbons canon particularly pertinent saving clause relic preemption regime general remedies saving clause allowed supersede specific substantive preemption provision unless thought state statute requiring reasonable rates providing remedies unreasonable ones actually set air fares international paper ouellette believe congress intended undermine carefully drawn statute general saving clause petitioner contends actually prescribing rates routes services simply reads words relating statute statute designed state law limited fashion forbidden regulate rates routes services see pilot life supra view word regulates lead conclusion order regulate matter law must specifically directed toward moreover effected limited one purpose served next subsection preserves certain proprietary rights airports app next petitioner advances notion state laws specifically addressed airline industry preempted whereas ada imposes constraints laws general applicability besides creating utterly irrational loophole little reason state impairment federal scheme deemed acceptable long effected particularized application general statute notion similarly ignores sweep relating language consistently rejected precise argument erisa cases state law may relate benefit plan thereby preempted even law specifically designed affect plans effect indirect supra see pilot life supra common law tort contract suits preempted metropolitan life state law requiring health insurance plans cover certain mental health expenses preempted alessi workers compensation laws preempted last state suggests preemption inappropriate state federal law consistent state federal law fact inconsistent dot opposes obligations contained guidelines texas law imposes greater liability beside point nothing language suggests relating preemption limited inconsistent state regulation erisa cases settled matter provision displace state laws fall within sphere even including state laws consistent erisa substantive requirements mackey lanier collection agency service metropolitan life supra hardly surprising petitioner rests case strained readings rather contesting whether naag guidelines really relat fares quite obviously taking seriatim section governing print advertisements fares requires clear conspicuous disclosure defined lesser size largest typeface ad type restrictions limited time availability limitations refund exchange rights restrictions requirements advance purchase purchase requirements variations fares different airports metropolitan area limitations breaks changes itinerary limits fare availability ny material restriction fare section imposes similar though somewhat less onerous restrictions broadcast advertisements fares requires billboard fare ads state clearly conspicuously substantial restrictions apply material restrictions fares availability guidelines mandate advertised fare available sufficient quantities meet reasonably foreseeable demand every flight every day every market fare advertised fare available basis ad must contain clear conspicuous statement extent unavailability section requires advertised fare include taxes surcharges fares must disclosed least prominently fare fare available round trips prohibits use words sale discount reduced unless advertised fare available limited time substantially usual price fare restrictions one avoid conclusion aspects guidelines relate airline rates terms every one guidelines enumerated bears reference airfares shaw collectively guidelines establish binding requirements tickets may marketed sold given prices texas law many violations requirements give consumers cause action least actual damages see ann supp airline failure provide particular advertised fare effectively creating enforceable right fare advertisement fails include mandated explanations disclaimers case therefore appears us much like pilot life held common law tort contract action seeking damages failure employee benefit plan pay benefits relate employee benefit plans preempted erisa event beyond guidelines express reference fares clear economic matter state restrictions fare advertising forbidden significant effect upon fares advertising serves inform public prices products services thus performs indispensable role allocation resources bates state bar arizona restrictions advertising serv increase difficulty discovering lowest cost seller reduce incentive price competitively accordingly consumers benefit price advertising retail prices often dramatically lower without advertising ibid judge easterbrook succinctly put compelling restricting rice advertising surely relates price illinois corporate travel american airlines cert denied although state insists compelling restricting advertising instead merely preventing market distortion caused false advertising fact dynamics air transportation industry cause guidelines curtail airlines ability communicate fares customers expenses involved operating airline flight almost entirely fixed costs increase little additional passenger market flights divided consumers whose volume purchases relatively insensitive price primarily business travelers consumers whose demand price sensitive indeed primarily pleasure travelers accordingly airlines try sell many seats per flight possible higher prices first group fill flight selling seats much lower prices second group since almost costs fixed even passenger paying far average cost preferable empty seat order marketing process work ultimately redound benefit travelers airlines must able place substantial restrictions availability lower priced seats sell many seats possible higher rate must able advertise lower fares guidelines severely burden ability time sections requiring clear conspicuous disclosure restriction make impossible take small short ads lesser extent provision requiring itemization fares since taxes surcharges vary state state requirement advertised fares include charges forces airlines create different ads market section restricting use sale discount reduced effectively prevents airlines using terms call attention fares normally offered travelers ftc observed equiring much information advertisements paradoxical effect stifling information consumers receive letter ftc christopher ames deputy attorney general california dated mar app brief respondent airlines allowing fares advertised sufficient seats available meet demand extent unavailability disclosed may make impossible use marketing process obligations imposed guidelines significant impact upon airlines ability market product hence significant impact upon fares charge concluding naag fare advertising guidelines preempted texas contends set road leads preemption state laws gambling prostitution applied airlines need address whether state regulation nonprice aspects fare advertising example state laws preventing obscene depictions similarly relat rates connection obviously far tenuous adapt case language shaw ome state actions may affect airline fares tenuous remote peripheral manner preemptive effect case shaw present litigation plainly present borderline question express views appropriate draw line ibid finally note decision give airlines carte blanche lie deceive consumers dot retains power prohibit advertisements opinion competitive pricing see app ordered justice souter took part consideration decision case appendix opinion introduction june national association attorneys general naag directed appointment task force study advertising marketing practices airline industry addition study task force directed determine nature extent existing unfair deceptive airline advertising practices report recommended course action naag meeting december task force report recommendations adopted naag winter meeting december continuing direction task force receive examine comments industry consumer groups federal agencies interested parties evaluate comments report naag spring meeting advisability modifications guidelines task force received written comments air transport association american association advertising agencies american airlines association national advertisers council better business bureaus federal trade commission national association broadcasters southwest airlines airlines usair department transportation assistant attorneys general task force evaluated comments reported recommendations naag march naag adopted recommended changes frequent flyer guidelines directed comments fare advertising frequent flyer guidelines changed respond valid concerns raised filing comments guidelines comments herein reflect changes directed naag naag also directed chair naag consumer protection committee appoint four attorneys general serve continuing task force evaluate effectiveness guidelines continue discussions members industry interested parties attorneys general john van de kamp california neil hartigan illinois jim mattox texas kenneth eikenberry washington important note guidelines create new laws regulations regarding advertising practices business practices airline industry merely explain detail existing state laws apply air fare advertising frequent flyer programs guideline followed comment summarizes naag intent respect guideline relevant comments received task force significant changes made guidelines section definitions comment definition encompasses materials media covered false advertising statutes print advertisements broadcast commercial separated different categories afforded slightly different treatment guidelines represents change earlier draft guidelines attempt address airlines concerns regarding difficulties lengthy disclosures broadcast commercials award means coupon certificate voucher benefit tangible thing promised given sold otherwise transferred airline program partner program member exchange mileage credits bonuses segments units value credited consumer incentive fly airline business program partner comment definition well definitions award level means specified amount mileage number credits bonuses segments units program member must accumulate order receive award blackout date means date travel use program benefits permitted program members seeking redeem award levels form capacity control capacity control means practice airline program partner restricts otherwise limits opportunity program members redeem award levels travel benefits offered program clear conspicuous means statement representation term statement disclosed size color contrast audibility presented readily noticed understood person disclosed language terms used accordance common ordinary usage meaning example companion used means companion person traveling program member solely family members without limiting requirements preceding sentences statement print advertisement considered clear conspicuous type size used least size largest type size used advertising however need larger type advertisements square inches smaller type advertisements larger square inches statement body copy advertisement may size type largest type used body copy meet requirements statement broadcast commercial considered clear conspicuous made orally clear understandable place volume fare information statement billboard considered clear conspicuous type used least size largest one size used billboard statement required section relating frequent flyer programs considered clear conspicuous prominently located directly adjacent materials applies type size smaller print size document event smaller type reservation right make future changes program award levels located prominently beginning printed materials given background naag believes necessary define clearly airlines constitutes clear adequate disclosure advertising media minima print advertisements aimed making disclosures easy read noticeable consequently slightly larger size print suggested larger size advertisements minima absolute print disclosures every instance least type long clear conspicuous regardless size type type size suggestions merely examples advertising practices give airline reasonable expectation sued follows guidelines task force meetings airlines last summer one common note expressed airlines abide disclosure guidelines long clear enforced uniformly airline choose safe harbor instead ventures untested waters may run aground may free comments guideline critical largely naag singled airline advertisements treatment however whole airlines indicated meet type size standard relatively easily print advertisements naag elected encourage oral disclosures broadcast media written disclosures difficult impossible read many people listen rather watch television commercials continue believe oral disclosure best method conveying information television commercial however converse guideline true disclosure television commercial necessarily deceptive instead made video super crawl long still clear conspicuous safety reasons large type provided billboards frequent flyer program means program offered airline program partner awards offered program members availability means fare available specific period time fare available certain blackout periods comment definition applies air fares available certain times year available december april available certain times available december january available date certain available january apply fares unavailable certain days week times day material restriction means restriction limitation requirement affects use refundability ticket generally applicable classes fares tickets standard conditions carriage comment due numerous standard conditions applicable airline tickets naag confined definition material restrictions restrictions limitations specific unique certain fare categories different restrictions limitations apply standard coach ticket program member means consumer applied accepted membership airline frequent flyer program regardless whether accrued mileage credits bonuses segments units value airline program partner program partner means business entity provides awards part airline frequent flyer program vested member means member frequent flyer program enrolled existing program provided consideration airline partners received adequate notice program changes set forth sections example consideration includes purchasing tickets airline renting car using specific credit card comment definition separates consumers joined frequent flyer program without receiving adequate notice program change prospectively guidelines afford special protections vested members vested miles sound reason reviewing travel reward promotional materials major airlines naag concluded currently vested members received adequate disclosure potential significant increases award levels imposition restrictions may result airlines unilateral devaluation awards therefore guidelines treat vested members miles members accrued receiving adequate notice prospective changes differently vested mile means program mileage credits accumulated vested member person receives adequate notice program changes set forth sections comment definition identifies mileage credit accrued vested member received adequate notice regarding possibility future detrimental changes program see comments definition vested member section fare advertisements advertisement provides air fares price information must plain language clear conspicuous deception may result direct statement advertisement reasonable inferences therefrom also omitting obscuring material restriction comment guideline following guidelines restate individual false advertising deceptive practices statutes apply air fare price advertising disclosure print advertisements print advertisements fares must make clear conspicuous disclosure restrictions availability limitations right refund exchange ticket time day day week restrictions length stay requirements advance purchase requirements purchase requirements variations fares two airports serving metropolitan area limitations extra charges breaks changes itinerary failure travel every leg scheduled material restriction fare body copy advertisement adjacent fare price box heading restrictions body copy restrictions weekend traveler fares generally available day saturday sunday however fares available flights days restrictions apply one fares advance purchases required available november december new york fares newark airport restrictions advertised fares available tuesday wednesday thursday afternoons advance purchases required cancellation penalty applies eligibility consumers know eligible fare consumer meet advance purchase requirements restrictions affecting time date availability consumers accurately gauge likelihood able obtain ticket advertised price risk consumers know risks associated purchasing ticket advertised price ticket penalties apply upon cancellation changes particular guideline received great deal negative comment airlines government agencies misunderstood mean required full disclosure restrictions apply specific flight correct guideline requires restrictions listed guideline apply air fares advertised advertisement must disclose existence restriction fact restriction applies one air fares advertised clear misunderstanding naag included specific examples disclosures required revised guidelines also misunderstanding disclosure box required guideline one option comments made december guidelines evidenced another misconception wording disclosures fare restrictions guideline provides suggested wording assist airlines determining meet disclosures language means sacrosanct best creative minds advertising business available airlines advertising agencies airlines free avail talents certainly adept phrasing message advertiser wants get across consumer essence guidelines consumers must advised limits airlines sic chosen impose consumers ability buy tickets advertised price disclosure broadcast commercials broadcast commercials fares must make clear conspicuous disclosure availability limitations right refund exchange ticket statement required guideline time day day week restrictions length stay requirements advance purchase requirements purchase requirements variations fares two airports serving metropolitan area limitations extra charges breaks changes itinerary failure travel every leg scheduled material restriction fare seven disclosures applies fare advertised airline chooses defer disclosure time reservations actually made commercial must give clear conspicuous disclosure substantial restrictions apply similar language statement restrictions apply sufficient comment earlier draft guidelines required radio television advertisements include disclosures required print advertisements airline industry unanimously responded detailed disclosures impossible include advertising spots generally purchased radio television ads argued even time allowed much oral disclosure resulting commercial provide much information consumer absorb usefully concluded requirement eliminate airline price advertising television radio provision fare information without stating significant restrictions apply fare advertised deceptive ultimately harmful consumers airline industry alike guideline revised provides compromise suggests disclosure three serious restrictions apply airline ticket limited time availability nonrefundability exchangeability limitations fare availability disclosure restrictions accomplished something simple following statement tickets nonrefundable available flights must purchased december significant restrictions apply words easily read second commercial addition information may clearly conspicuously disclosed video super crawl television commercials course option available radio commercials however commenting airlines confirmed typical radio spot seconds making concern time less crucial airlines option disclosing additional material restrictions advertisement deferring disclosure consumer makes reservation course airline choose restrict fare severely fewer words thus less air time needed compromise position also recognizes print advertising lends readily detailed information form consumer retain refer pace reason naag chosen require less disclosure broadcast allowing print medium full disclosure disclosure billboards billboard provides air fare price information fare material restrictions apply must clear conspicuous language substantial restrictions apply statement restrictions apply sufficient comment safety reasons naag concluded lengthy written disclosures billboards inappropriate potentially hazardous drivers disagree dot special treatment price advertising billboards result proliferation billboards nation highways fare availability advertised fare must available sufficient quantity meet reasonably foreseeable demand every flight day market advertisement appears beginning day advertisement appears continuing least three days advertisement terminates however advertised fare thus available advertisement must contain clear conspicuous statement extent unavailability advertised fare statements seats limited restrictions apply meet guideline examples meet guideline fare may available call fare available flights fare available saturday sunday flights complexity airlines system justify unfairness approach retailer allowed justify failure stock advertised item grounds last minute retailer decided less costly stock item advertised availability item advertised price advertised goes heart truthful advertising airline advertises air fare available every flight destination advertised fact disclosed advertisement deceptive face naag appreciates difficulty disclosing specific number seats available flight advertised disclosure fare available flights fare may available call particularly onerous absent disclosure airlines retailers required sufficient stock available meet reasonable demand fare advertised surcharges fuel tax surcharge fare must included total advertised price fare comment recently several airlines considered possibility passing along increase cost fuel consumers imposing fuel surcharge rather simply raising air fares reflect increased costs air fare advertised remain added advertisement mice type disclosing instance fuel surcharge tacked advertised fare potential abuse type price advertising permitted obvious matter time air fares new york california advertised meal fuel labor baggage surcharges added total advertised price fare must include charges order avoid potential abuses however guideline construed require airline impossible believe minimal charges fall within meaning fare therefore believe unknown charges must disclosed surcharge amounts fact known course mean charges known either exact amount percentage disclosed advertisements fare advertising airline elects advertise portion fare available purchase restriction together full fare must advertised clear conspicuous manner least prominently fare comment airlines routinely advertise price alleged price tickets available consumer makes purchase guideline airline elects continue advertising practice must also disclose fare available consumer purchases ticket actual price full round trip ticket disclosure must made type size location prominent fare advertised airlines part stated willingness advertise full air fare airlines guideline intended encourage airlines adopt practice deceptive use sale discount reduced similar terms fare may advertised use words sale discount reduced words suggest fare advertised temporarily reduced fare regularly available fare fare available specified limited period time substantially usual price fare restrictions guideline naag attempted prevent consumer confusion limiting use words sale discount reduced describe fares represent true savings regularly available air fares available short periods time substantially regularly offered fare ticket carrying identical restrictions section frequent flyer programs general comments section guidelines cover frequent flyer programs including partner airlines providers goods services rental cars hotel rooms intended protect consumers participated programs good faith without adequate notice programs change advise airlines reserve right future adequately providing information members nondeceptive manner consistent state law capacity controls airline program partners employ capacity controls airline must clearly conspicuously disclose frequent flyer program solicitations newsletters rules bulletins specific techniques used airline program partner control capacity solicitation specific award includes blackout dates limits percentage seats example number seats flight allocated award recipients limited maximum number seats rooms allocated mechanism whereby airline program partner limits opportunities program members redeeming frequent flyer award levels meet guideline blackout dates must specifically disclosed awards vested miles airline program partner must provide award vested member without capacity controls provide award capacity controls within reasonable period time reasonable period within days date originally requested seats within period sold time vested member requested reservation member accommodated without displacing passenger seat sold reasonable period period first available date every seat sold requested destination time program member requests reservation comment airlines met task force stated intended retain right impose capacity controls future limit number seats available consumers purchasing tickets frequent flyer award certificates imposition capacity controls including blackout dates potential unreasonably restricting supply seats benefits way significantly devalue awards due vested program members naag found potential limitation adequately disclosed program members promotional materials reviewed guideline puts airlines notice information provide consumers want impose capacity controls use frequent flyer awards future date earlier drafts guidelines task force took position capacity controls applied awards based mileage credits accrued vested members received adequate notice capacity controls imposed however compromise permit airlines reasonable flexibility around holiday peak travel times revised guideline provides reasonable time accommodate passengers award tickets time window days days date requested ticketing time window allows airlines allocate capacity meet demand reasonable yet defined period time event flights certain destination sold entire time window ticketing next available seat reasonable approach additional benefit simple straightforward implement less possibility customer confusion frustration program changes affecting vested members airline program partner reserved right make future changes manner required sections guidelines changes aspect program example imposition capacity controls increases award levels mechanism whereby vested member ability redeem award adversely affected must protect vested program members examples meet guideline vested members may adversely affected change reasonable period reasonable period one year following mailing notice change airline program partner may allow vested members lock award level effect immediately preceding change program award level guaranteed period one year mailing notice increase award levels vested member also permitted change selection lock different award existence time prior increase award levels airline program partner may credit vested program members miles units sufficient assume time change program member able claim awards claimed old program examples ways airlines reasonably protect vested members changing existing programs intended delineate minimum acceptable standards notice changes adequate notice changes current frequent flyer program award levels must provided vested program members airline program partner allow reasonable time vested member obtain use award example notice less one year prior effective date change reasonable reduction award levels require notice airline policy deleting program members mailing list notices statements must clearly conspicuously disclose policy plain language rules regulations reserve right make future changes award levels program conditions restrictions manner providing reasonable notice consistent state law notice less notice set forth guideline airline must first clearly conspicuously disclose reservation nature future changes plain language disclosure include examples make clear outer limits within program awards may changed example following adequate disclosure program rules regulations mileage levels subject change without notice airline reserves right terminate program six months notice means regardless amount participate program right accumulate mileage claim awards terminated six months give notice airline reserves right change program rules regulations mileage level means airline may raise mileage levels add unlimited number blackout days limit number seats available destinations notice program members may able use awards certain destinations may able obtain certain types awards cruises case airline make award travel available within days program member requested date except blackout dates listed comment past airlines attempted reserve right make radical future changes programs using vague uncertain blanket language subject additions deletions revisions time consumer outrage ensued several major airlines attempted unilaterally change programs winter makes clear consumers adequately told joined participated frequent flyer programs taking gamble award striving still available mileage level originally advertised time accrued necessary miles avoid recurrence problem future guideline provides potential extensive program changes must clearly conspicuously disclosed public specific example also puts airlines notice previous attempts disclose critical information inadequate intend reserve right make changes future must give members new different notice vested members airlines implement adverse changes one year notice given one year deemed reasonable many consumers travel particular periods year due work family constraints therefore notice less year may impact unduly harshly particular class program members airline wants reserve rights change terms program without giving members one year notice clear adequate notice given program members reduced standard apply mileage accrued clear adequate notice given naag discovered many airlines delete program members mailing lists determined inactive inactive defined differently airline generally includes formula requiring active participation program within period prior given mailing crucial information regarding changes included program mailings guidelines require airline policy deleting program members mailing list clearly conspicuously disclose policy rules regulations distributed program members join fare passenger class limitations limitation upon type class fare upgrade certificate discount flight coupon free companion coupon may used must clearly conspicuously disclosed program member claims award disclosure fare airline terminology example class deemed sufficient comment many airlines encouraging consumers use accrued mileage credits obtain upgrade certificates free campaign coupons rather free tickets cost effective airlines many coupons certificates used conjunction regular coach fare ticket high cost full coach ticket often disclosed class many coupons certificates represent real savings therefore useless consumers guideline requires restriction clearly disclosed consumers award claimed certificates issued vested miles certificates coupons vouchers tickets issued airline awards redeemed vested miles must valid reasonable period time one year deemed reasonable restrictions use redeposit extension reissuance certificates must clearly conspicuously disclosed certificate rules regulations newsletter program materials comment many consumers may travel certain periods year fairness requires awards valid least full cycle fees airline charges fee enrollment frequent flyer program must fully disclose airline ticket counters advertisements solicitations materials distributed prospective members prior enrollment terms conditions frequent flyer program disclosure must made prior accepting payment enrollment airline program comment airlines required consumers fill membership application pay membership fee obtaining copy program rules regulations serious restrictions apply travel reward program essential consumers opportunity review program rules regulations paying enrollment fee redemption time airlines must disclose clearly conspicuously actual time necessary processing award redemption requests requests normally processed promptly example prompt processing within days processing request example disclosure processing awards may take days comment airlines indicated full disclosure redemption time problem termination program affecting vested members event frequent flyer program terminated adequate notice termination must sent vested members vested members reasonable time obtain awards use adequate notice notice least one year prior termination program award levels existence prior notice remain effect one year program members one year use certificates coupons vouchers tickets applicable capacity controls modified necessary meet demand award benefits due program members comment airlines uniformly take position participation travel reward programs free airline able terminate travel reward program time without notice naag strenuously disagrees consumers pay significant consideration airlines promise award free tickets awards program members fly particular airline accrue mileage travel reward program often foregoing convenient departure time direct flight even less expensive ticket consumers kept part bargain right expect airlines keep regardless cost guideline affords consumers reasonable protection unilateral changes gives consumers one year accrue mileage reach desired award level one year use award guideline intended apply programs terminated due mergers reason unconscionable permit airlines reaped rewards travel incentive programs walk away obligations consumers circumstances restrictions material restrictions frequent flyer programs must clearly conspicuously disclosed current program members prospective members time enrollment comment guideline intended corrective measure airline clearly conspicuously disclosed material program restrictions vested members new members entitled full disclosure time enrollment method disclosure disclosures referred guidelines made frequent flyer program solicitations newsletters rules bulletins clear conspicuous manner assure program members receive adequate notice used guidelines disclosure also refers information program partners comment brochures containing rules regulations airlines frequent flyer programs long pages extremely important restrictions often buried inappropriate topic headings hidden back last inside pages brochure guideline requires restrictions disclosed reasonable print size location helpful informative consumers reservation right make future changes program significant consumers disclosed prominently insure maximum number people see read restriction guideline permits airlines flexibility determine often disclosure must made long airline discloses information manner gives meaningful notice affected members one airline complained guideline unreasonable proposes restrictions disclosed beginning program brochure fact disclosure guidelines suggested listing beginning brochure reservation right change program prospectively significance restriction terms conditions program change moment critical potential members made aware immediately disclosures made text brochure section compensation voluntary denied boarding airline chooses offer ticketed passengers incentives surrender tickets overbooked flights airline must clearly conspicuously disclose terms conditions proposal including restrictions offers future air travel person offer made manner offer made person accepts offer comment federal regulations offer specific protections certain rights individuals involuntarily bumped flight airlines however free offer whatever compensation want people voluntarily give seat airplane overbooking economic reasons airlines prefer offer vouchers good free tickets future flights instead cash compensation passengers vouchers may seem attractive consumer flexibility wait later flight many carry serious restrictions use subject lengthy black periods used guideline requires airlines fully disclose restrictions offers future air travel consumer agrees give seat several airlines government agencies argued responsive comments set standards type compensation airlines must offer passengers conclusion consumer dissatisfaction airline industry reached crisis proportions federal agencies focused attention airline scheduling problems performance safety related issues addressed airline advertising frequent flyer programs unchecked airlines engaged practices areas unfair deceptive state law individual naag play important role eliminating practices guidelines footnotes dissent believes petitioner position point supported history structure ada sources deems illuminating narrow focus ada language post old regime state laws involved ada legislative history contains statements specifically addressed state regulation advertising post suffice say legislative history need confirm details changes law effected statutory language interpret language according natural meaning see harrison ppg industries also bears mention rejected senate bill contain language produced precisely result dissent desires state shall enact law determining routes schedules rates fares charges tariffs reprinted emphasis added dissent unperturbed full congress preference relating determining conference report gave indication conferees thought house relating language broader scope senate language post say conference report failed specify completely obvious relating broader determining dissent evidently believes plain statutory language credited unless specifically explained legislative history also apparent import legislative history credited unless specifically explained legislative history dissent disagrees turns disputes description pricing process airline industry think guidelines significant effect rates post conclusion unexplained seems us inexplicable justice stevens chief justice justice blackmun join dissenting cases construing virtually unique preemption provision employee retirement income security act erisa see franchise tax bd cal construction laborers vacation trust southern given words relate broad reading construction unique provision supported consideration relationship different subsections erisa parallel federal statutes see shaw delta air lines legislative history provision today construe preemption provision airline deregulation act ada et statute containing similar means identical language instead carefully examining language structure history ada decides appropriate given similarity language give ada preemption provision similarly broad reading ante disregards established canons statutory construction gives ada preemption provision construction neither compelled text supported legislative history deciding whether federal law preempts state statute task ascertain congress intent enacting federal statute issue metropolitan life ins massachusetts internal quotation marks omitted time preemption analysis must guided respect separate spheres governmental authority preserved federalist system alessi therefore approach preemption questions presum ption congress intend preempt areas traditional state regulation metropolitan life thus although agree plain language state law relates directly rates routes services presumption preemption traditional state regulation counsels interpret every traditional state regulation might indirect connection relationship airline rates routes services unless indication congress intended result determine whether congress intent believe consideration history structure ada illuminating narrow focus words relating ii basic economic policy nation one favoring competitive markets individual entrepreneurs free make decisions concerning price output since sherman act prohibition collusive restrictions production pricing central legislative expression policy national soc professional engineers congress sought promote policy enacting federal trade commission act ftca created federal trade commission gave power prohibit nfair methods competition commerce stat codified amended type prohibition entirely consistent free market prices production regulated government decree congress enacted two statutes relevant today inquiry march broadened ftca giving commission power prohibit unfair deceptive acts practices commerce well nfair methods competition commerce stat codified three months later enacted civil aeronautics act stat statute created civil aeronautics board mandated regulate entry interstate airline industry routes airlines fly fares charge consumers stat moreover statute contained provision patterned ftca giving civil aeronautics board power prohibit unfair deceptive practices unfair methods competition air transportation stat see also american airlines north american airlines board power regard exclusive statute also contained saving clause preserved existing common law statutory remedies deceptive practices see stat nader allegheny airlines although act replaced similar regulatory scheme principal provisions statute remained effect year congress decided withdraw economic regulation interstate airline rates routes services congress therefore enacted ada encourage develop attain air transportation system relies competitive market forces determine quality variety price air services code cong goal obviously frustrated state regulations substituted recently removed federal regulations congress thought necessary preempt state regulation consequently congress enacted act preempts state regulation relating rates routes services air carrier authority subchapter iv chapter provide air transportation app time congress retained gave civil aeronautics board power prohibit unfair deceptive practices unfair methods competition air transportation app congress also retained saving clause preserved common law statutory remedies fraudulent deceptive practices see nader moreover state prohibitions deceptive practices coexisted federal regulation airline industry years coexisted federal regulation unfair trade practices areas economy since mentioned either ada legislative history short indication congress intended exempt airlines state prohibitions deceptive advertising instead history suggests scope prohibition state regulation measured scope federal regulation withdrawn essentially position adopted civil aeronautics board interpreted scope light two underlying policies prevent state economic regulation frustrating benefits federal deregulation clarify confusion prior law permitted dual state federal regulation rates routes carrier board thus explained section forbids state regulation federally authorized carrier routes rates services clearly may interfere federal carrier decision much charge markets serve similarly state may interfere services carriers offer exchange rates accordingly conclude preemption extends economic factors go provision quid pro quo passenger fare including flight frequency timing liability limits reservation boarding practices insurance smoking rules meal service entertainment bonding corporate financing see also freeman state regulation airlines airline deregulation act com iii finds congress choice words relating intent adopt broad preemption provision analogous broad erisa preemption provision see ante legislative history support assumption however bill proposed civil aeronautics board provided state shall enact law relating rates routes services air transportation hearings subcommittee aviation house committee public works transportation pt yet board accompanying prepared testimony neither focused relating language suggested words intended effect broad scope preemption instead testimony explained preemption section added make clear state political subdivision may defeat purposes bill regulating interstate air transportation provision represents simply codification existing law leaves unimpaired authority intrastate matters relating language bill finally enacted congress came house bill house committee report like civil aeronautics board describe preemption provision broad terms adopted today instead report described scope preemption provision narrowly saying provid ed carrier operates authority granted pursuant title iv federal aviation act state may regulate carrier routes rates services section senate bill hand contain relating language bill provided state shall enact law establish standard determining routes schedules rates fares charges tariffs otherwise promulgate economic regulations air carrier reprinted senate report explained section prohibits exercising economic regulatory control interstate airlines conference report explained conference adopted house bill exception relevant described narrow terms used house report pp therefore indication conferees thought house relating language broader preemptive scope senate determining otherwise promulgate economic regulation language indication house conferees thought preemption state laws relating rates routes services preempted substantially state laws regulating rates routes services iv even agree state regulation deceptive advertising relat rates within meaning significant impact upon rates ante still dissent airlines theoretical arguments persuaded naag guidelines significant impact upon price airline tickets airlines argument adopts ante essentially airlines must engage price discrimination order compete operate efficiently modest amount misleading price advertising may facilitate practice thus compliance naag guidelines might increase cost price advertising reduce sales generated advertisements costs increase revenues decrease airlines might purchase less price advertising reduction price advertising might cause reduction price competition turn might result higher airline rates argument supported legislative judicial findings even assumption economic reasoning sound restrictions price advertising affect rates manner airlines sustained burden proving compliance naag guidelines significant effect ability market product therefore rates surely congress intended every state local law regulation similarly increases airlines costs business consequently similar significant impact upon rates reasons respectfully dissent similar case arising new york explained distinction well ny relationship new york enforcement laws deceptive advertising pan rates routes services remote indirect challenging pan advertising new york care much pan charges flies amenities provides passengers sole concern manner pan advertises matters new york consumers thus far new york concerned pan free charge flight laguardia london take newspaper advertisement telling consumers fare fact similarly pan remains free route plane ithaca istanbul many stops chooses market flight new york consumers direct flight new york trans world airlines sdny see also people western airlines cert denied note form perfect union federalism informal interstate cooperation civil aeronautics board created established name civil aeronautics authority redesignated civil aeronautics board reorganization plan iv see app ed repealed effective january app section civil aeronautics act provided nothing contained act shall way abridge alter remedies existing common law statute provisions act addition remedies stat federal aviation act stat ftca force preempt state prohibitions unfair deceptive trade practices thus unless state prohibition conflicts federal trade commission rule state laws regulations preempted see american financial services assn ftc app verkuil preemption state law federal trade commission duke department transportation authority prohibit unfair deceptive practices unfair methods competition air transportation app promulgate regulations preempt inconsistent state laws regulations rest holding fact state prohibitions unfair deceptive advertising conflict federal regulations instead relies much broader holding ada preempts state prohibitions deceptive advertising overlooks phrase otherwise promulgate economic regulations senate bill see ante incorrectly assumes senate bill narrower preemptive scope house bill demonstrated example costs purchasing space restrictions box required broadcast time state disclosure required significant effect rates realistically maintained requirement words sale discount reduced may used fare fact sale available limited time substantially usual price hinder airlines ability market sell fares finally surely proved requirement fares advertised sufficient seats available meet demand extent unavailability disclosed make impossible airlines market sell different seats different prices section expressly permits airlines advertise fares available limited quantities simply requires include disclaimer fare may available call see national association attorneys general task force air travel industry guidelines reprinted app brief amicus curiae