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103 Accordingly, the Court in Good was able to hold that the respondents' claims here, like those in Cipollone , are not preempted because "the phrase 'based on smoking and health' fairly but narrowly does not encompass the more general duty not to make fraudulent statements." 104 The Court then addressed PMUSA's implied preemption argument that, if respondents were allowed to proceed on their claims, "it would present an obstacle to a longstanding policy of the FTC." According to PMUSA: The FTC has for decades promoted the development and consumption of low tar cigarettes and has encouraged consumers to rely on the representations of tar and nicotine content based on Cambridge Filter (FTC) Method testing in choosing among cigarette brands

Pennington et al., 2015

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