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U.S. Supreme Court Upholds “Light” Cigarette Suits

The U.S. Supreme Court, in a 5-4 decision that split along traditional progressive/conservative lines, ruled that plaintiffs who claim that the tobacco companies fraudulently advertised “light” and “low tar” cigarettes as being less harmful than other cigarettes can proceed with their cases. This is an important precedent, because the tobacco industry has always maintained that, because their warning labels are federally mandated, it is inappropriate for juries applying state tort law decide whether they adequately warned consumers about the hazards of their product. This is known as the doctrine of “preemption” and it is also a favorite gambit of the pharmaceutical industry.

It amazes me how many smokers still believe that “light” or “Low Tar & Nicotine” cigarettes are somehow less harmful that the good old unfiltered Camels, Chesterfields and Lucky Strikes our parents and grandparents smoked. They are not, and they are arguably worse. A hooked smoker smokes to get the nicotine kick. The bigger the filter you put on the cigarette, the more deeply the smoker has to inhale the smoke into his or her lungs to get the same dose of nicotine. “Light,” ultralight” and “low tar” cigarettes have always been a complete and utter fraud, and big tobacco has know it from Day One.


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