Light Cigarettes: News and Lawsuit Updates

Most American consumers put a lot of stock in product labels and warnings. They trust that manufacturers have nothing to hide and have public health in mind. Unfortunately, this isn't always the case.

Thousands of plaintiffs have filed suit against "Big Tobacco." They allege injuries from cigarettes and other tobacco products. Some plaintiffs claim that the tobacco companies are negligent by using words like "light" and "low tar" on packaging.

Here, we'll discuss recent news about light cigarettes. We'll also describe significant class action lawsuits filed against companies such as Philip Morris USA, R.J. Reynolds, and other cigarette manufacturers.

The FDA and New Labeling Rules

Until July 22, 2010, cigarette companies were able to advertise and label their products as being "light," "low tar," or "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.

Existing Surgeon General Warnings

The new FDA regulations were on top of the surgeon general warnings 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's smoking and tobacco use.

Light Cigarette Lawsuits and Litigation

The U.S. Supreme Court decided a pivotal case involving light cigarettes in 2008. The plaintiff had sued cigarette manufacturers (Altria Group and Philip Morris USA) for fraud in Maine state court.

Over the defendants' objections, the lower court heard the case. The defendants argued that the plaintiff could only sue them in federal court. They appealed to the Supreme Court, asking that it rule in its favor and dismiss the lower court action.

In a 5-4 decision, the Supreme Court justices decided against the petitioners and affirmed the lower court's ruling. According to the court's decision, smokers can sue tobacco companies in state court.

The court said federal law did not pre-empt state laws banning false advertising by tobacco manufacturers. This decision opened the door for many light cigarette lawsuits in state or federal court.

In 2016, the Missouri Supreme Court dismissed suits against Altria Group and Philip Morris. The plaintiffs claimed they misled smokers with "light" cigarette labeling. The judges in both cases said the defendants didn't violate the Missouri Merchandising Practices Act.

It took the courts more than 15 years to resolve these tobacco industry cases.

Contact a Product Liability Attorney if You Become Sick from Smoking Light Cigarettes

If you or a loved one are sick from smoking light cigarettes or traditional cigarettes, you may have a legal claim. Your attorney must prove that your illness came from smoking cigarettes. It's not enough to claim that you experienced adverse health effects after cigarette use. Your lawyer must also prove the tobacco company violated a tobacco control law.

Before you meet with a local attorney, contact your health care practitioner. They can run the necessary tests to determine the nature and extent of your illness. They can also help identify the cause of your illness.