WASHINGTON -- The Supreme Court agreed Friday to decide whether tobacco companies can be sued in state courts over alleged deceptive advertising of "light" cigarettes, said the Associated Press.
The issue before the justices is whether federal law bars such lawsuits. The Federal Cigarette Labeling & Advertising Act says states cannot 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. unit that alleged the advertising of light cigarettes [image-nocss] was unfair and deceptive.
The 1st U.S. Circuit Court of Appeals, however, re-instated the suit.
The plaintiffs said they smoked Marlboro Lights, made by PM USA, for at least 15 years. They claim the company marketed the cigarettes as "light" and having "lowered tar and nicotine" despite knowing that those statements were false.
The company has research, the plaintiffs said, that shows it knew that smokers of the light cigarettes took deeper puffs and used other techniques to ensure that they received as much nicotine as they would have gotten from regular cigarettes.
PM USA said the lawsuit was properly dismissed by the federal judge and called on the court to resolve a conflict between appeals courts' over these sorts of lawsuits.
The case is Altria Group v. Good.
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