Tobacco Company "Person Acting Under" FTC That Can Invoke Federal Officer Removal Statute

U.S. Law Week is reporting that Phillip Morris, "which was alleged to have committed state law deceptive trade practice by using 'lights' and 'lowered tar and nicotine' descriptors in conjunction with advertised tar and nicotine ratings developed by and published by agreement with Federal Trade Commission is 'person acting under' federal officer who may remove suit to federal court under 28 U.S.C. § 1442(a)(1)" according to the Eighth Circuit (Watson v. Philip Morris Cos., 8th Cir., No. 04-1225, 8/25/05).

U.S. Law Week
Volume 74 Number 9 Tuesday, September 13, 2005
Page 1140
ISSN 1522-4317
http://pubs.bna.com/ip/BNA/law2.nsf/is/a0b1j4v9e6