• by Nina Lentini  @Nina_Lentini, December 15, 2008

The Association of National Advertisers is regarding Monday's U.S. Supreme Court ruling against Big Tobacco's marketing as a decision that affects only the category, and not something that has broad impact on the industry.

In a 5-4 decision, the Supreme Court ruled that a lawsuit involving "light" cigarettes brought under the Maine Unfair Trade Practices Act was not preemptively barred by federal law.

"A narrow reading of federal preemption won out," says Dan Jaffe, executive vice president, government relations at the ANA. "The court has returned to saying: "What we said in Cipalone [vs. Liggett Group] is still true.'"

Monday's decision came in Altria Group, Inc. vs. Good. The court said that the plaintiffs "still must prove that [the companies'] use of 'lights' and 'lowered tar' descriptors in fact violated the state deceptive practices statute."

"While we had hoped for a dismissal based upon federal preemption, it is important to note that the Supreme Court made no finding of liability," said Murray Garnick, Altria Client Services senior vice president and associate general counsel, speaking on behalf of Philip Morris USA. "We continue to view these cases as manageable, and the company will assert many of the strong defenses used successfully in the past to defend against this very type of case."