Judge Certifies “Light” Cigarette Suit as U.S. Class Action

U.S. District Judge Jack Weinstein, on Monday, gave class action status to tens of millions of “light” cigarette smokers who are seeking a potential $200 billion lawsuit against “Big Tobacco.”

The lawsuit alleges that Philip Morris, R.J. Reynolds Tobacco, Lorillard Tobacco Company, and other defendants deceived smokers with marketing strategies that were meant to get customers who were concerned about the health hazards of smoking to switch to “light” cigarettes, which were promoted as a safer alternative to regular cigarettes despite research showing that the actual dangers are about the same.

Included in the class are those who purchased cigarettes labeled “light” or “lights” after they were put on the market in the early 1970s.

Philip Morris USA and Reynolds American Inc.’s R.J. Reynolds Tobacco Co. unit, the nation’s two biggest cigarette makers, said they plan top appeal.

Judge Weinstein set the trial date for Jan. 22, 2007.

Lawyers for the plaintiffs argued that the tobacco companies, through their use of deceptive marketing of “light” cigarettes, made $120 billion to $200 billion in extra sales. The case was filed under federal racketeering law, which means that damages would be tripled if the companies are found in violation of that law.

The tobacco companies’ lawyers argued that, in order to be awarded damages, the plaintiffs would have to prove how many smokers relied upon the word “light” in deciding which brand of cigarettes to buy. They also said there are 65 cigarette brands represented in the case whose advertising approached consumers in different ways.

In his opinion, Judge Weinstein conceded that appellate courts have not ruled favorably for plaintiffs on large class action cases against the cigarette industry.

The Eternal Questions of Tobacco Ethics

While there may be something to the charges of deceptive advertising, warning labels about the hazards of smoking have been required on all cigarette packaging since 1965.

When “light” cigarettes were put on the market, they carried the same warning labels as regular cigarettes, but some of their marketing did seem to suggest that “light” cigarettes were safer.

It’s a tough call. On the one hand is the issue of personal responsibility and the question of when the day will come when smokers can no longer credibly blame the tobacco companies for the consequences of their own weakness, and, on the other is how specious marketing may or may not have convinced some smokers to switch to “light” cigarettes in the belief that they were taking a measure of responsibility to reduce the potential health risks of their habits.