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Light Cigarettes: Health Risks and Legal Information
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The FDA banned tobacco companies from using terms like “light” or “low tar” in cigarette labeling in 2010 due to misleading health claims. Further, the Supreme Court ruled that smokers can sue in state court for deceptive advertising. Still, courts often side with tobacco companies, making victories for plaintiffs rare and slow.
Light cigarettes have special filters designed to dilute cigarette smoke. Tobacco companies refer to them as low-tar, mild, or ultra-light cigarettes. For example, R.J. Reynolds sells both Marlboro and Marlboro Lights. Many smokers choose light cigarettes because they think they’re less harmful, but this often isn’t the case.
Although light cigarettes may feel smoother and lighter on the throat and chest, they pose just as many health risks as other cigarettes. There is no such thing as a safe cigarette. Any cigarette presents public health challenges. The only way to reduce your health risks and the threat to others through second-hand smoke is to quit smoking.
This article discusses the risks of smoking light cigarettes. It also explains why they are no safer than non-light cigarettes. Finally, it describes whether you may have a valid claim against the tobacco companies if you develop a smoking-related illness.
Going up against a well-resourced tobacco company will be an uphill battle. Consider consulting a product liability attorney near you for legal advice. You will want an experienced legal advocate by your side if you pursue legal action against a tobacco manufacturer.
Light Cigarette Tar and Nicotine Numbers
You may think you can gauge which cigarettes are safe by looking at the tar and nicotine yield numbers on cigarette packs. These numbers, listed in accordance with federal cigarette labeling requirements, offer a reference point for comparing full-strength and light cigarettes. They don’t necessarily reflect the precise amount of these substances you inhale. The numbers are misleading with respect to the health benefits of light cigarettes.
When you look for a nicotine yield number on a cigarette package, you assume it indicates the chemicals in the cigarette. Tobacco companies use smoking machines to determine tar and nicotine yields.
These machines smoke every brand of cigarette in the same way. Smokers, unlike machines, crave nicotine. They may inhale more deeply than the machines. They may also take larger, more rapid, or more frequent puffs.
Some people smoke a few extra cigarettes every day to make up for the lower nicotine. This means they may inhale more tar, nicotine, and other harmful chemicals than the machine-based numbers suggest.
Light cigarettes also have tiny pinholes on their filters. These “filter vents” dilute cigarette smoke with air when “puffed” by smoking machines. This results in artificially low measurements of tar and nicotine levels. When you block these vents, your light cigarette becomes a regular cigarette.
Lastly, when cigarette makers increase the length of the paper filter wrap, they decrease the number of puffs during the machine test. The tobacco under the wrap is still available to the smoker and isn’t burned during the machine test. As a result, the machine measures lower tar and nicotine levels than are available to the smoker.
Health Effects of Light Cigarettes
According to the National Cancer Institute, light cigarettes provide no benefit to a smoker’s health. Smokers who switch from regular cigarettes to light cigarettes inhale just as many dangerous chemicals. This leaves them at high risk of smoking-related cancers and other diseases.
There is no evidence suggesting that switching to light cigarettes will help smokers quit. Quitting smoking reduces the risk of dying from lung cancer.
Existing Surgeon General Warnings
The new FDA regulations were on top of the surgeon general warnings that tobacco companies must use. These warnings come from earlier tobacco litigation and a settlement agreement between the government and Big Tobacco. The Supreme Court ruled that cigarette smokers had the right to know the health consequences of using tobacco. They said it was the duty of tobacco manufacturers to educate them about these risks.
The new rules are added to special regulations in recent years about marketing tobacco products to young people. For example, the courts ordered Juul to stop advertising its products in various fruity flavors. The federal courts believed that this type of marketing increased the risk of young people smoking and using tobacco.
The FDA and New Labeling Rules
Until July 22, 2010, cigarette companies could advertise and label their products as being any of the following:
- Light
- Low tar
- Mild
In 2010, the Food and Drug Administration (FDA) passed a new rule prohibiting this.
According to the revised laws, cigarette makers and importers could no longer use these words in marketing or labeling. The FDA would no longer permit companies to imply that certain tobacco products and cigarettes were safer than others.
These rules apply to e-cigarettes and vape pens as well. Given the severe health risks of these products, such as lung cancer, the FDA felt it was prudent to be transparent with consumers. There were also new regulations about the marketing of tobacco products to minors.
Tobacco Litigation and Light Cigarettes
Consumers have been suing big tobacco companies since the 1950s. Early cases focused on failure to warn customers about the dangers of tobacco products. Remarkably, few plaintiffs won their lawsuits back then.
In the 1980s, plaintiffs shifted their arguments to focus on the defendants’ deceptive marketing tactics. Once again, the U.S. Supreme Court ruled in favor of the tobacco companies.
It wasn’t until the 1990s that smokers started to win their cases against cigarette manufacturers. Unfortunately, the courts overturned most of these verdicts on appeal. For example, a jury in Florida state court ruled in favor of a smoker and awarded them a multi-million dollar verdict. The appellate court overturned the verdict. Even today, it’s difficult for product liability attorneys to prevail for their clients.
The major problem for plaintiffs is that the courts accept the defendants’ argument that smokers assumed the risk. For years, tobacco companies have put warning labels on their products. The tobacco industry dedicates millions of dollars to the National Public Education Foundation, which teaches young people about the dangers of smoking.
Light cigarettes have been the focus of several federal lawsuits filed in U.S. district courts. Plaintiffs argue that tobacco companies defrauded them into thinking light cigarettes were safe. There are also charges of racketeering under federal RICO laws.
The tobacco companies argue that the light designation refers to a lighter-tasting cigarette. They deny claims that they say light cigarettes are safer.
Federal judges don’t believe that smokers are unaware of the dangers of smoking. This includes people who smoke light cigarettes. The only progress light cigarette smokers have made is that the U.S. Supreme Court ruled in Altria Group, Inc. v. Good that federal cigarette regulations didn’t preempt the Maine state consumer protection law prohibiting deceptive tobacco advertising.
Can I Sue Over Light Cigarettes or Join an Existing Class Action Lawsuit?
Thousands of Americans have sued tobacco companies such as Philip Morris USA for their claims about light cigarettes. Plaintiffs claim that tobacco companies defrauded them into thinking that light cigarettes were a safer alternative to regular cigarettes.
Get a Lawyer’s Help With a Smoking-Related Illness
If you or your loved one has developed a smoking-related illness, you should first contact your doctor. You may also contact a product liability attorney to discuss your legal options. They can advise whether you should pursue your own claim or join an existing class-action suit.
FindLaw’s directory of product liability attorneys can get you started. Click on your state to review contact and ratings information for local legal experts. It’s important to find someone with whom you’re comfortable. Then, enlist the help of a trusted advocate. They will likely be your strongest ally throughout the legal process.
Can I Solve This on My Own or Do I Need an Attorney?
- A lawyer can help seek fair compensation on your behalf
- Tobacco companies have teams of specialized attorneys to defend against lawsuits
- A lawyer can help gather evidence and documentation to support your claim
An experienced attorney can increase your chances of success with your case. Many attorneys offer free consultations.
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