September 4, 2026

IN LITIGATION

Fontaine v. Philip Morris USA Inc.

On September 4, 2026, WLF asked the U.S. Supreme Court to grant review and overrule Altria Group, Inc. v. Good, a 2008 decision that held state consumer protection laws targeting cigarette marketing are not preempted by federal law. In its amicus brief, WLF contends that the Massachusetts high court used Altria’s later discarded “presumption against preemption” to sustain a $56 million judgment for a warning that federal law never required.

Briefs

Filing Date Court Document
Sep 4, 2026 U.S. Supreme Court Download File
Oct 15, 2025 Mass. Supreme Judicial Court Download File