Cite as: 505 U. S. 504 (1992)
Opinion of Scalia, J.
1969 Act, ibid.; and that the phrase "State law" as used in that provision embraces state common law, ante, at 523. I take issue with the plurality, however, on its application of these general principles to the present case. Its finding that they produce only partial pre-emption of petitioner's common-law claims rests upon three misperceptions that I shall discuss in turn, under headings indicating the erroneously permitted claims to which they apply.
A Pre-1969 Failure-to-Warn Claims
According to the Court,1 § 5(b) of the 1965 Act "is best read as having superseded only positive enactments by legislatures or administrative agencies that mandate particular warning labels." Ante, at 518-519 (emphasis added). In essence, the Court reads § 5(b)'s critical language "No statement relating to smoking and health . . . shall be required" to mean "No particular statement relating to smoking and health shall be required." The Court reasons that because common-law duties do not require cigarette manufacturers to include any particular statement in their advertising, but only some statement warning of health risks, those duties survive the 1965 Act. I see no basis for this element of "particularity." To require a warning about cigarette health risks is to require a "statement relating to smoking and health." If the "presumption against . . . pre-emption," ante, at 518, requires us to import limiting language into the 1965 Act, I do not see why it does not require us to import similarly limiting language into the 1969 Act—so that a "requirement . . . based on smoking and health . . . with respect to advertising" means only a specific requirement, and not just general, noncigarette-specific duties imposed by tort law. The divergent treatment of the 1965 Act cannot be jus-1 The plurality is joined by Justices Blackmun, Kennedy, and Souter in its analysis of the 1965 Act.
549
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