The Wall Street Journal-20080119-Justices to Hear Cigarette Case
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Justices to Hear Cigarette Case
Associated Press
The Supreme Court agreed to a cigarette maker's request to decide whether tobacco companies can be sued under state law for allegedly deceptive advertising of "light" cigarettes.
The tobacco industry is trying to head off a wave of state-based challenges regarding the light cigarettes, even as it is appealing a federal judge's order to stop marketing cigarettes as "low tar," "light," "ultra light" or "mild" because they mislead consumers.
The issue before the justices is whether state laws against unfair marketing practices may be used in suits against the tobacco companies or whether federal law bars such lawsuits. The Federal Cigarette Labeling and Advertising Act says states can't impose any requirements on the advertising or promotion of cigarettes.
A federal judge initially threw out a suit, filed by three Maine residents against Altria Group Inc. and its Philip Morris USA Inc. subsidiary, which alleged that the advertising of light cigarettes was unfair and deceptive.
The First U.S. Circuit Court of Appeals in Boston, however, reinstated the suit.
In the government's landmark case against tobacco companies, U.S. District Judge Gladys Kessler said the companies "distorted the truth about low tar and light cigarettes so as to discourage smokers from quitting." That case is on appeal with the U.S. Circuit Court of Appeals for the District of Columbia.
