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Furthermore, even though the Court clarified the FCLAA's preemptive effect with regard to state common law fraud claims for light and low-tar descriptors, and adopted the methodology of the Cipollone plurality as governing law, lower courts may continue to have difficulty using the predicate duty test in determining whether other state common law claims are preempted

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Add to this the pressure of being able to be recalled by a legislature, and you get a fairly agile check on federal legislative authority