The companies have asked a U.S. federal appeals court to throw out the lower court ruling that allowed a class action lawsuit against manufacturers of light cigarettes.
Members of the class action suit argued that light cigarette makers mislead consumers into thinking that light cigarettes were safer than regular brands.
In appealing the class action suit, tobacco companies said that they "risk a multi-billion dollar verdict in a manifestly unlawful class action." The light cigarette makers also argued that Judge Weinstein, who certified the class action suit last month, made fundamental legal mistakes in granting class action status. The class action was scheduled to begin trial in January 2007.Plaintiffs in the case argued that tobacco companies made $200 billion by falsely advertising light cigarettes as healthy alternatives to regular brands. Lawyers for the plaintiffs argued that cigarette companies knew that the health risks associated with light cigarettes were the same as with regular cigarettes.
Expert witnesses for the plaintiffs argued that over 90 per cent of smokers who purchased light cigarettes did so based on health concerns rather than taste preference or other factors. The case was filed under civil provisions of the Racketeer Influenced and Corrupt Organizations Act. Under the Act, damages can be automatically tripled if a company is found liable. This means that although plaintiffs are seeking $200 billion in damages, they could receive up to $600 billion.
The class action status covers anyone who purchased cigarettes labeled "light" or "lights" after they were initially sold. Light cigarettes have been on the market since the 1970s.
A recent study in the American Journal of Public Health found that people who smoke light cigarettes are significantly less likely to quit smoking than those who smoke regular cigarettes. Many people switch to light cigarettes because they believe those cigarettes are a healthy alternative to regular cigarettes. Some people also believe that light cigarettes will help them quit smoking entirely.
Light cigarettes were designed with tiny pinholes on the filters. Those pinholes dilute the cigarette smoke with air. Cigarette companies tested light cigarettes on smoking machines which measure tar and nicotine levels. However, smoking machines do not cover the pinholes with fingers and lips the way smokers do when they take a puff from a cigarette. When the pinholes are blocked, the light cigarettes become regular cigarettes. Furthermore, people who smoke light cigarettes tend to inhale more deeply, take more frequent puffs or smoke more in order to satisfy their nicotine craving.
Altria's Philip Morris USA unit, R.J. Reynolds Tobacco Co., Lorillard Tobacco, Liggett Group, and British American Tobacco are all defendants in the suit.
If you smoked light cigarettes, you may be eligible to join the class action lawsuit.