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DAHL v. R.J. REYNOLDS TOBACCO CO.

No. A05-1539.

742 N.W.2d 186 (2007)

Michael S. DAHL, individually and on behalf of all others similarly situated, et al., Appellants, v. R.J. REYNOLDS TOBACCO COMPANY, et al., Respondents.

Court of Appeals of Minnesota.

December 4, 2007.

Attorney(s) appearing for the Case

Kay Nord Hunt, Phillip A. Cole, Ehrich L. Koch, Lommen, Abdo, Cole, King & Stageberg, P.A., Minneapolis, MN, and Gale D. Pearson, Martha K. Wivell, Stephen J. Randall, Pearson, Randall & Schumacher, P.A., Minneapolis, MN, for appellants.

Lori Swanson, Attorney General, Mark B. Levinger, Assistant Attorney General, St. Paul, MN, for amicus curiae State of Minnesota.

William L. Davidson, Richard A. Lind, Sara J. Lathrop, Lind, Jensen, Sullivan & Peterson, P.A., Minneapolis, MN, and James S. Simonson, Brian L. McMahon, Gray, Plant, Mooty, Mooty & Bennett, P.A., Minneapolis, MN, for respondents.

Considered and decided by DIETZEN, Presiding Judge; TOUSSAINT, Chief Judge; and HALBROOKS, Judge.

OPINION

DIETZEN, Judge.

Appellants challenge the district court's order dismissing their claims, arguing (1) the claims are not expressly preempted by the Federal Cigarette Labeling and Advertising Act (FCLAA); and (2) the claims are not implicitly preempted by Federal Trade Commission (FTC) oversight of tar and nicotine claims in cigarette advertising. Because the district court erred in concluding that appellants' claims are expressly preempted by the...

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