2007 National Conference on Tobacco or Health

Wednesday, October 24, 2007
Exhibit Hall

Light Does Not Make Right: Light Cigarette Lawsuits in the U.S.

Edward L. Sweda, JD, Tobacco Control Resource Center, ed@tplp.org

Learning Objectives: Recognize how consumer protection lawsuits can help smokers of light cigarettes

Problem/Objective: To seek a legal remedy for consumers who were harmed by the cigarette companies' light cigarette scam.

Methods: To analyze the legal developments in more than twenty consumer protection lawsuits filed in the U.S. on behalf of victims of the tobacco industry's light cigarette scam.

Results: There has been a mixed record of results involving this category of lawsuits against the major tobacco companies.

Conclusions: Litigation against tobacco companies is a viable strategy to improve public health and holding the companies accountable for their wrongdoing. One important category of lawsuits has focused on the tobacco industry's efforts to deter smoking cessation among health-conscious smokers by promoting “light” cigarettes as a less hazardous alternative to regular cigarettes. Cases have been dismissed by the highest courts in Illinois and Ohio (based on interpretations of state statutes) but certified as a class action by the Massachusetts Supreme Judicial Court. In August 2006, U.S. District Court Judge Gladys Kessler ruled that the tobacco companies violated the federal anti-racketeering statute (RICO) by, among other things, “engaging in this deception” of marketing its light cigarettes “as less harmful alternatives to full-flavor cigarettes” despite knowing “for decades that there is no clear health benefit from smoking low tar/low nicotine cigarettes as opposed to conventional full-flavor cigarettes.” At the conclusion of the session, the participant, by learning more about these lawsuits, will enhance his or her ability to educate the public, including key decision makers, about this deceptive trade practice.