Forum
U.S. Supreme Court
Case Status
Pending
Docket Number
Lower Court Opinion
Questions Presented
1. Whether, under Altria Group v. Good, 555 U.S. 70 (2008), simply re-labeling conduct that would support a failure-to-warn claim as a generic fraud claim is enough to escape preemption under the Labeling Act.
2. Whether Altria should be revisited and overruled.
Case Updates
U.S. Chamber files coalition amicus brief urging Supreme Court to grant cert. and hold that no presumption against preemption applies where a statute contains an express preemption clause
September 23, 2026
U.S. Chamber Coalition Amicus Brief
Mark C. Fleming and Julie A. Welly of Wilmer Cutler Pickering Hale and Dorr LLP served as outside counsel.
The U.S. Chamber previously filed an amicus brief in this case when it was before the Massachusetts Supreme Judicial Court.