Makers of Low-Tar Cigarettes Sued for False Advertising

By Matt Green

Published on September 19, 2005

In a federal lawsuit, the Penobscot County residents say cigarette makers used deceptive advertisements to encourage them to continue smoking.

The plaintiffs include Lori A. Spellman of Levant, Stephanie Good and Allain L. Thibodeau, both of Bangor. Each smoked two to 10 packs of light cigarettes a week for the last 15 years.

The lawsuit doesn't seek compensation for health problems. It instead seeks compensatory and punitive damages for false advertising. The suit is against Philip Morris USA Inc. (maker of Marlboro Lights) and its parent company, Altria Group Inc. (manufacturer of Cambridge Lights).

The tobacco companies, which won't comment on current litigation, argued that light cigarettes are safer because they contain ventilation holes in the filters. They say these holes reduce the amount of toxins smokers can inhale.

The Federal Trade Commission -- a government agency that protects consumers against false advertising -- supported cigarette makers' claims. It conducted tests that showed light cigarettes had lower levels of tar and nicotine than regular brands. The FTC used machines that drew one carefully calibrated puff every minute.

The lawsuit contends smokers cover ventilation holes with their fingers and take more or deeper drags to get the nicotine they desire. This results in the same damage as regular cigarettes.

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