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BERMAN: Good and the Legal Future of 'Light' Cigarettes  

JURIST Guest Columnist Micah Berman of New England School of Law says that by bringing attention to the issue of “light” and “low tar” cigarettes, the US Supreme Court's ruling in Altria v. Good may prompt state attorneys general to finally force an end to this long-running public health deception...

There are two other potential, but less promising ways in which this issue could be addressed. First, a federal government lawsuit against the tobacco industry resulted in a 2006 decision by D.C. District Court Judge Gladys Kessler ordering the tobacco companies to stop labeling their products as “light” and “low tar.” It is possible that the D.C. Circuit Court will uphold Judge Kessler’s order (it was stayed on appeal), but most observers suspect it will not. Second, there is pending legislation in Congress that would prohibit the use of the terms “light” and “low tar.” The prospects of such legislation may have increased with the recent election, but it faces strong opposition from tobacco-state senators and is unlikely to be high to Congress’s long to-do list.

By itself, the decision in Good may do little to restrain the tobacco industry’s deceptive marketing practices. But by bringing attention to the issue of “light” and “low tar” cigarettes, it may prompt the state AGs to finally force an end to this long-running deception. It is up to the states, but there may well be a litigation strategy that can put out the “lights.”

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