Arkansas Judge OKs Class-Action Status in Marlboro Lights Suit

A judge in Arkansas has granted class-action status to a lawsuit that claims Philip Morris USA deliberately exaggerated the safety of its Marlboro Lights cigarettes.

Attorneys for Philip Morris had argued that any lawsuits should be filed individually, but Pulaski County Circuit Judge Tim Fox approved class-action status for the litigation.

A company spokesman said Philip Morris will appeal the class-action designation.

The lawsuit was filed in 2003 and seeks refunds for every pack of Marlboro Lights sold in Arkansas from 1971 until 2009, when Congress banned tobacco companies from advertising cigarettes as “light” or “low-tar.” In 2010, Marlboro Lights were renamed Marlboro Gold, and Ultra Lights became Marlboro Silver.

The suit alleges that Philip Morris deliberately deceived smokers about the risks of smoking light cigarettes. Plaintiffs’ attorney Tom Thrash said Lights smokers wouldn’t have bought the cigarettes if they knew the brand was riskier than regular cigarettes.

“They advertised in a deceptive manner in a way likely to deceive a reasonable consumer,” he said.

Attorneys for Philip Morris denied deliberate deception and wrongdoing, saying that light cigarettes did what they were advertised to do – deliver less tar and nicotine. The company said the filters on Lights cigarettes were specially ventilated to reduce tar and nicotine, but smokers could get more by inhaling deeper or more often.