Supreme Court declines to hear 'light' cigarette case.

The U.S. Supreme Court recently rejected an appeal by a class of smokers suing Philip Morris, Inc., for defrauding them by selling them "light" and "low tar" cigarettes that it knew were no healthier or safer than regular cigarettes. (Price v. Philip Morris, Inc., 2006 WL 2843774 (U.S. Nov. 27, 2006).)

The Illinois Supreme Court had thrown out a lower court's judgment against Philip Morris, finding that because a Federal Trade Commission consent order authorized tobacco companies to use descriptors such as "light" and "low tar," the companies are exempt from liability under the state's Consumer Fraud Act, and the smokers' claims are barred. The U.S. Supreme Court let that ruling stand, but it did not address the merits of the case.

In another lights case, the Second Circuit granted the defendants' request to review a lower court's class certification order. (Schwab v. Philip Morris USA, Inc., 449 F. Supp. 2d 992 (E.D.N.Y. Sept. 25, 2006), appeal granted sub nom. Am. Tobacco Co. v. McLaughlin, No. 06-4666 (2d Cir. Nov. 17, 2006) (revised order); see Allison Torres Burtka, Courts Stamp Out Industry Claims about "Light" Cigarettes, TRIAL 14 (Dec. 2006).)