Verdict Near in 'Light' Cigarette Suit
03/11/03
EDWARDSVILLE, Ill. -- Demanding $21 billion in damages, a lawyer for hundreds of thousands of Illinois smokers argued in court Monday that Philip Morris USA pulled off a fabulously lucrative 30-year con job by passing off its "light" cigarettes as safer t
A verdict could come as early as Friday in the closely watched case, which is testing a new line of legal attack that could embroil cigarette makers in massive lawsuits for years to come.
None of the plaintiffs who testified in the class-action lawsuit suffers smoking-related illness. Rather, they claim they were defrauded by a false promise that light cigarettes were safer because they would deliver less cancer-causing tar.
They want Philip Morris to repay $7 billion they have spent on Marlboro Lights and Cambridge Lights cigarettes over the last three decades -- and to pay an additional $14 billion in punitive damages.
"This company was aware all along that they were scamming the American public," plaintiffs' attorney Stephen Tillery said at the start of six hours of closing arguments in Madison County Circuit Court. "It's time to end the ruse."
Defense attorney George Lombardi countered that the smokers' case was itself a fraud. He pointed out that Philip Morris never advertised its light cigarettes as safer.
Nearly identical cases are pending in 10 other states, including California. So far, courts have granted class-action status in four other cases: two against Philip Morris and one each against R.J. Reynolds Tobacco Co. and Brown & Williamson Tobacco Corp.
At issue is whether cigarette makers were obliged to reveal that smokers compensate for a lower nicotine dose by smoking more, inhaling more deeply and even holding their fingers over the ventilation holes. As a result, plaintiffs contend, the theoretical benefits were eliminated and smokers did not get what they paid for.
Further, they argue, light cigarettes may actually be worse because of changes in the chemistry of the smoke.
Lombardi argued Monday that those who assumed "light" meant "healthier" were not necessarily duped: Smoked a certain way, the light cigarettes do deliver less tar and nicotine.
The industry also has argued that leading health authorities, including the U.S. surgeon general, urged them to bring out lower-tar brands.
"They're trying to make it sound like Philip Morris knew something about these cigarettes that we should have told the world," Lombardi said. "It's not true, judge. There was no deception."
Judge Nicholas Byron, who has heard the six-week case without a jury, signaled that he was thinking ahead to possible punitive damages when, during a break, he said he was looking into directing Philip Morris to pay part of any judgment directly to charitable institutions.
The judge said neither side had a slam-dunk case: "I would like to take a coin and flip it."
The Illinois case rests on internal documents from Philip Morris, including testing on ventilated light cigarettes. The plaintiffs contend the tests showed that the light cigarettes were more toxic than regular Marlboros.
The defense, however, argues that the light smokes deliver exactly what they promise: lowered tar and nicotine content. Philip Morris also points out that only recently have scientists begun to question whether light cigarettes really are better for health.
Taking a deep drag on her cigarette after court recessed, Susan Miles, one of the class representatives, expressed frustration at the heavy marketing of light cigarettes that hooked her on nicotine almost 30 years ago. "I hope consumers are aware of how they've been misled," she said.
Then she paused. The truth is, even though she's suing Philip Morris for fraud, Miles still thinks lights are healthier -- contrary to allegations in the case.
"I may be getting more of the carcinogens," she said, "but I don't have smoker's cough. I don't have a sore throat."
When she tries full-flavored cigarettes, she said, she feels her lungs clogging.
"They're way too strong," Miles said. "Lights just feel better for your body."
Simon reported from Edwardsville and Levin from Los Angeles.