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BY MEGHAN V. MALLOY
Staff Writer 12/16/2008

BY MEGHAN V. MALLOY

Staff Writer

Maine officials consider the U.S. Supreme Court decision to allow smokers to sue about the marketing of "light" cigarettes a victory.

Assistant Attorney General Linda Conti said the decision allows state statutes to be valid in the eyes of federal law and government.

"This case is very encouraging," Conti said. "We can enforce our state consumer protections laws against these cigarette companies, and federal laws regarding tobacco cannot pre-empt us from doing so."

The lawsuit the U.S. Supreme Court let stand accused cigarette maker Philip Morris of violating a consumer-protection statute in Maine. The lawsuit claims it is fraudulent to market "light" cigarettes -- such as Marlboro Lights, one of Philip Morris' products -- as being safer than regular cigarettes.

Lawyer Sam Lanham Jr., a partner in Bangor-based Lanham Blackwell, represented three plaintiffs Monday who have now won the right to be able to make the claim that the marketing was deliberately fraudulent and in violation of Maine consumer-protection statutes.

"I represent three plaintiffs, but they seek the class certification status from the court on behalf of every other Maine smoker who has purchased Marlboro Light and Cambridge Light cigarettes since 1971," Lanham said. "With this decision, we can move forward."

When the Supreme Court justices made their decision against Altria, the parent company of Phillip Morris, a multitude of other pending lawsuits also were given the go-ahead to pursue their cases in court.

"There are about 14 other cases like this one nationally that were pending, based on the outcome of our case," Lanham continued. "Had we lost, it would've been all over nationally."

Lanham was careful to clarify that the lawsuit addresses only how "light" cigarettes -- which contain less tobacco than regular smokes -- are marketed. It does not address any health effects of smoking.

"Tobacco is tobacco," said Tom Allen, former smoker and current owner of Kennebec Tobacco Co. in Hallowell. "It's still going to have carcinogens in it, no matter what it is."

Kennebec Tobacco Co. sells a few brands of cigarettes, though Allen specializes in cigars and pipes.

Allen said he had heard about the Supreme Court decision Monday, though he had not read it.

He did not give an opinion about the ruling itself, but said, "There's no such thing as a healthy cigarette."

Meghan V. Malloy -- 623-3811, ext. 431

mmalloy@centralmaine.com

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