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• FTC-Altria Fight Could Embolden State Lawsuits 

The Federal Trade Commission is asking the Supreme Court to reject an Altria Group Inc. argument that only that agency can regulate cigarette advertising, saying such an interpretation mischaracterizes the FTC's "scope and effect" on the issue.

The tobacco industry is trying to head off a wave of state-based challenges regarding the cigarettes, even as it appeals a federal judge's order to stop marketing cigarettes as "low tar," "light," "ultralight" or "mild" because they mislead consumers. . . .

In its amicus brief, the FTC said nothing Altria is arguing regarding cigarette marketing "pre-empts state lawsuits such as this." The suit alleges cigarettes deemed "light" with lower tar and nicotine content than other cigarette products by their makers were being deceptive. The FTC also noted that given the breadth of its responsibilities, the commission alone shouldn't be responsible for "policing the cigarette industry's marketing practices."

Unlike the Food and Drug Administration, which has a mandate to evaluate medical devices for safety, the FTC said it doesn't have the resources to oversee all relevant practices of the cigarette industry. The commission further added that it is "a law enforcement agency composed of attorneys and economists, not a scientific body."

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