Jump to full article: AP, 2007-07-10
Author: LARRY NEUMEISTER Associated Press
Intro: A federal appeals court gave a rough reception Tuesday to arguments that tobacco companies owe up to $200 billion to tens of millions of smokers for suggesting over the last three decades that light cigarettes might be less harmful than regular cigarettes.
The three-judge panel of the 2nd U.S. Circuit Court of Appeals has been asked to decide whether to let stand a ruling last summer . . .
Two of the three judges repeatedly expressed doubts about the class action status of the lawsuit as they questioned smokers' attorney Michael D. Hausfeld.
Judge John Walker said he saw a problem in that each smoker would have a different perception of how the tobacco companies marketed the cigarettes. He also said he doubted that the smokers considered health their primary concern since they were deciding to smoke anyway.
"These are all individual decisions," he said.
He also said he believed the statute of limitations may have expired before the lawsuit was filed.
Judge Ralph Winter said he doubted that tobacco companies could convince smokers that light cigarettes were healthier cigarettes with less tar and nicotine because each box still contained a health warning.
"It was a mixed message," he said.
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