Light Does Not Make Right: An Overview of Light Cigarette Lawsuits in the United States

Litigation against tobacco companies is a viable strategy to improve public health and hold those 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. There have been more than twenty such cases in the United States, as well as cases filed in other countries, including Canada. There has been a mixed record of light cigarette lawsuits; 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. Also, the participant will be better equipped to cooperate with attorneys who represent the victims of this scam.