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Appellate Court Affirms Dismissal of Youth Marketing Class Action on Federal Preemption Grounds.


NEW YORK -- A California appellate court yesterday affirmed the dismissal of a state-wide class-action case alleging that cigarette advertising targeted minors and caused them to smoke.

In a 41 - page opinion, the unanimous appeals panel ruled that United States Supreme Court United States Supreme Court: see Supreme Court, United States.  decisions interpreting the Federal Cigarette Labeling and Advertising Act The Cigarette Labeling and Advertising Act is a comprehensive act designed to provide a set of national standards for cigarette packaging. It came in conflict with California Proposition 65.  bar "... plaintiffs' essential claim that defendants' violated the UCL UCL University College London
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 (California's Unfair Competition Law) by targeting children and teenagers with unfair and deceptive marketing programs and advertising...."

"We believe the court's reasoning is correct and properly applies the governing constitutional and statutory principles," said William S. Ohlemeyer, Philip Morris USA Philip Morris USA is the United States tobacco division of Altria Group, Inc. General information
On January 27, 2003, Philip Morris Companies Inc. changed its name to Altria Group, Inc. Even under this new name, Altria continues to own 100% of Philip Morris USA.
 vice president and associate general counsel.
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Copyright 2004, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Date:Oct 7, 2004
Words:105
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