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Court Finds Tobacco Companies Lied About Smoking Dangers

Rules that defendants violated racketeering laws

May 22, 2009

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The U.S. Court of Appeals has sided with a lower court, finding that cigarette companies set out to deliberately deceive consumers about the dangers of smoking. The court found the defendants, including Altria, violated federal racketeering laws.

The 92-page opinion sided completely with the lower court regarding the tobacco companies, but removed two trade groups as defendants.

The suit stemmed from cigarette ads for "low tar" and "light" cigarettes. The plaintiffs charged those descriptions gave smokers the false impression that these products were safer than regular cigarettes.

In August 2006 U.S. District Court Judge Gladys Kessler ruled against the tobacco companies, saying "low tar" and "light" were off limits for ads or branding.

Tens of millions of "light" cigarette smokers were granted class action status in 2006, in a suit seeking billions of dollars in damage from tobacco companies.

The suit was originally filed in 2004, naming Lorillard Tobacco Company, Philip Morris USA and R.J. Reynolds as the principal defendants. The suit claims the tobacco giants orchestrated a campaign of deception to counter consumers growing concerns about the health effects of smoking.

The defendants had no immediate comment but an appeal to the U.S. Supreme Court is considered likely.

In 2008 the U.S. Supreme Court sided with tobacco giant Philip Morris USA, dismissing a $10.1 billion verdict awarded in a class action suit involving its "light" cigarettes. The lawsuit, filed on behalf of about 1.1 million smokers, accused the cigarette maker of deliberately misleading them into thinking that "light" cigarettes were healthier than regular ones.

Also last year, researchers at UCLA concluded that "light" cigarettes delivered nearly as much nicotine to the brain as regular smokes. According to the study, light cigarettes have nicotine levels of 0.6 to 1 milligrams, while regular cigarettes contain between 1.2 and 1.4 milligrams.

The researchers also looked at de-nicotinized cigarettes, which contain only a trace amount of nicotine (0.05 milligrams) and are currently being tested as an adjunct to standard smoking-cessation treatments. They found that even that low a nicotine level is enough to occupy a sizeable percentage of receptors.

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