Tobacco

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Tennessee court dismisses class-action allegations from "lights" suit
RICHMOND, Va. -- A Tennessee state court dismissed the class-action allegations earlier this week in a lawsuit brought against Altria Group and Philip Morris USA alleging violations of state consumer protection laws for using the terms "lights" and "lowered tar and nicotine" on packages of Marlboro Lights cigarettes. The Circuit Court of Davidson County dismissed the class action allegations as being barred by Tennessee consumer protection law.

"Altria Group and Philip Morris USA are pleased with the court's ruling which properly applied state law in dismissing all class-action [image-nocss] allegations of the plaintiffs' lawsuit," said Murray Garnick, Altria Client Services senior vice president and associate general counsel, speaking on behalf of New York City-based Altria Group and Richmond, Va.-based Philip Morris USA.

In the lawsuit, plaintiffs alleged that Altria Group and Philip Morris USA violated the Tennessee Consumer Protection Act by using the terms "lights" and "lowered tar and nicotine" on packages of Marlboro Lights cigarettes. Plaintiff sought an unspecified amount of economic damages on behalf of all residents of Tennessee who purchased Marlboro Lights cigarettes at any time since 1971.

The case is McClure v. Altria Group Inc.

In other tobacco news, Hawaii may ban lipstick-sized packs of slim cigarettes because some lawmakers believe they're marketed toward teenage girls, the Associated Press recently reported. A bill pending before the Hawaii Legislature would prohibit the small, pink and teal packs of cigarettes, known as "purse packs," from being sold in the islands. The measure specifically mentions Virginia Slims Superslims Lights. They are made by PM USA and were initially marketed in the United States in October, according to the legislation.

Similar types of thin cigarettes, like Virginia Slims Superslims Ultra Lights, have been sold for nearly 20 years, Bill Phelps, a spokesperson for PM USA, the parent company of Philip Morris USA.

"Our marketing practices are designed to reach adults who are 21 years of age and older and already smoke," Phelps said, noting that the company supports legislation curbing underage access to tobacco products.

Hawaii appears to be the only state attempting to prohibit these types of cigarettes, Phelps said.
The bill is being pushed by the Hawaii Women's Legislative Caucus.

A manager at a gas station that carries the Virginia Slims Superslims Lights said she has not seen young girls show an interest in the toothpick-like cigarettes. Instead, office workers, accountants and nurses are the kind of people who buy them.

"Most of the people who buy that kind of cigarette were at least 30 years old," Louisa Sawinski, a manager at Kaneohe Shell Food Mart, told AP. "That kind of cigarette doesn't sell too well anyway."

The thin cigarette ban legislation has been referred to multiple committees, but hearings on it haven't been scheduled yet. HB327 and SB779.Click here to view the text of the bills.

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