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The Court first analyzed the preemption provision of the 1965 Act, determining that neither preemption provision of 5 preempted state damages actions, but "merely prohibited state and federal rulemaking bodies from mandating particular cautionary statements on cigarette labels (5(a)) or in cigarette advertising (5(b))." 17 In supporting this interpretation, the Court emphasized that "there is no general, inherent conflict between federal preemption of state warning requirements and the continued vitality of state common law damages actions." 18 With respect to the 1965 Act, the Court determined that "5 is best read as having superseded only positive enactments by legislatures or administrative agencies that mandate particular warning labels." 19 The Court then analyzed the 1969 Act, stating that the plain language of the preemption provision in 5(b) was much broader than the one in the 1965 Act

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All analyses were conducted in Stata 17 (ref