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Court hears arguments in "light" smokes case 

Jump to full article: Reuters, 2007-07-10
Author: Paritosh Bansal, Reuters

Intro:

U.S. appeals court judges considered on Tuesday whether a $200 billion lawsuit against big tobacco companies by smokers of "light" cigarettes should be allowed to go ahead as a class action.

The hearing before the U.S. Court of Appeals for the Second Circuit is the latest development in a closely watched case filed by smokers, who say tobacco companies defrauded them into thinking "lights" were safer. Last year a federal judge certified the case as a class action, prompting tobacco companies to appeal.

During the hearing in Manhattan, a three-judge panel asked lawyers whether it could be presumed that smokers who bought "light" cigarettes believed they were safer or whether that had to be worked out on a case-by-case basis.

U.S. appeals court judges considered on Tuesday whether a $200 billion lawsuit against big tobacco companies by smokers of "light" cigarettes should be allowed to go ahead as a class action.

The hearing before the U.S. Court of Appeals for the Second Circuit is the latest development in a closely watched case filed by smokers, who say tobacco companies defrauded them into thinking "lights" were safer. Last year a federal judge certified the case as a class action, prompting tobacco companies to appeal.

During the hearing in Manhattan, a three-judge panel asked lawyers whether it could be presumed that smokers who bought "light" cigarettes believed they were safer or whether that had to be worked out on a case-by-case basis.

The judges questioned lawyers about issues such as whether smokers chose "lights" for reasons like taste, and when did smokers actually know about how health risks of smoking lights, compared with smoking regular cigarettes.

What did the individual consumer know, Circuit Judge John Walker said, adding, "That's the big problem here."

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