Brown’s Empirical Analysis

Citation profile

3 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “While claims based on “fraud by intentional misstatement” are not pre-empted because Congress did not intend to “insulate” manufacturers from state liability for affirmative lies, the use of FTC-approved descriptors cannot constitute fraud. Cigarettes labeled as “light” and “low-tar” do deliver less tar and nicotine as measured by the only government-sanctioned methodology for their measurement. In fact, the Manufacturers are essentially forbidden from making any representations as to the tar and nicotine levels in their marketing about tar that are not based on the FTC meth od. The terms “light” and “lowered tar and nicotine” cannot, therefore, be inherently deceptive or untrue.”

   1 later decision quote this exact passage · from the majority
   e.g. Clinton v. Brown & Williamson Holdings, Inc.

2. ““to establish a comprehensive Federal program to deal with cigarette labeling and advertising with respect to any relationship between smoking and health, whereby— “(1) the public may be adequately informed that cigarette smoking may be hazardous to health by inclusion of a warning to that effect on each package of cigarettes; and “(2) commerce and the national economy may be (A) protected to the maximum extent consistent with this declared policy and (B) not impeded by diverse, nonuniform, and confusing cigarette labeling and advertising regulations with respect to any relationship between smoking and health.” 79 Stat. 282 , 15 U. S. C. § 1331 .”

   1 later decision quote this exact passage · from the majority
   e.g. Altria Group, Inc. v. Good

3. ““the Plaintiffs point to no Philip Morris representation about light cigarettes inconsistent with what the FTC condoned; no evidence Philip Morris ever affirmed that light cigarettes were good for you, were healthy, or would not cause the host of physical problems listed on every package; no evidence that any descriptors Philip Morris applied to Marlboro Lights and to Cambridge Lights contravened what the FTC and Congress knew the tobacco companies as a group and Philip Morris in particular were saying about these cigarettes.” Id. at 152 .”

   1 later decision quote this exact passage · from the majority
   e.g. Clinton v. Brown & Williamson Holdings, Inc.