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• Dahl v. R.J. Reynolds Tobacco Co., A05-1359 

D E C I S I O N

Under Cipollone, we conclude that appellants' claims are not predicated on a duty "based on smoking and health," but rather on a broader, more general duty to not deceive. As such, we hold that appellants' claims are not expressly preempted by the FCLAA. Because the FTC has never issued a formal rule specifically defining the cigarette advertising practices that violate the FTC Act, or established a clear federal policy on low-tar claims, we conclude that appellants' claims are not implicitly preempted by FTC oversight of tar and nicotine claims in cigarette advertising.

Reversed and remanded.

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