On Dec. 15, the U.S. Supreme Court made the decision that smokers who were deceived by light and low tar cigarettes can sue now because of state consumer laws.
Five Justices agreed that federal labeling laws do not pre-empt suits in state courts alleging that tobacco companies violated a duty not to deceive smokers. The new decision allows a circuit judge to lift a stay he imposed on all tobacco suits in West Virginia.
The stay was imposed while waiting for a decision.The new opinion mentioned in passing a decision with consequences. A Maine resident started the suit at federal court by proposing a class action lawsuit against Altria Group Inc. the parent company of Philip Morris.
She alleged that Altria fraudulently conveyed a message that light cigarettes delivered less tar and nicotine when Altria knew the message was untrue. Altria answered that the Cigarette Labeling and Advertising Act pre-empted the suit.
A trial judge agreed with Altria, and an appeals court agreed with the woman and it was appealed to the Supreme Court.
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