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109 In sum, the Court held that respondents' claims were not impliedly preempted as "neither the handful of industry guidances and consent orders on which petitioners rely nor the FTC's inaction with regard to 'light' descriptors even arguably justifies the pre-emption of state deceptive practices rules like the MUPTA." 110 The majority, however, noted that despite these claims surviving preemption, respondents still must prove that PMUSA's use of the descriptors did in fact violate the state deceptive practices statute

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For example, under the Fair Credit Reporting Act (FCRA), an employer working with a background check company must notify candidates that a failed drug test may disqualify them

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