A class action has been filed against cigarette maker Philip Morris USA, Inc. on behalf of all persons who purchased Philip Morris "Light," "Ultra-Light," or "Low-Tar" cigarettes in Georgia for personal consumption but who do not have any claims for personal injuries resulting from the purchase or consumption of cigarettes. The action alleges that the company deceived smokers into believing that light cigarettes were safer than other brands in violation of state consumer protection laws. The action seeks a return of all money that consumers paid for the purchase of Philip Morris light cigarettes.

The action alleges that the company intentionally conveyed a clear message to consumers that "Light," "Ultra-light" and "low-tar" cigarettes posed a decreased health risk when they actually deliver higher tar and nicotine levels than regular cigarettes. This action comes on the heels of a recent $10.1 billion judgment in Madison County, Illinois. Attorneys in the Georgia action attached the Illinois judge's 51-page order to their petition for damages. In that Illinois order, the judge ruled that Philip Morris intentionally marketed Marlboro Lights and Cambridge Lights as less harmful products than regular cigarettes, as "health reassurance cigarettes in that they expressly and impliedly conveyed the notion of a positive health attribute" through the use of the terms light and lowered tar.

The action alleges that Philip Morris marketed "Light," "Ultra-Light," and "Low-Tar" cigarettes as containing reduced levels of tar and nicotine even though scientific studies had already revealed that the tar and nicotine levels found in them correlated to a significantly increased risk of developing smoking-related diseases. The cigarettes in question allegedly were designed so that they would generate reduced tar and nicotine levels when tested on the Federal Trade Commission's Cambridge Filter System, even though they produced much higher levels when actually smoked by a person.

Philip Morris USA brands include Marlboro, Virginia Slims, Benson & Hedges, Merit, Parliament, Alpine, Basic, Cambridge, Bristol, Bucks, Chesterfield, Collector's Choice, Commander, English Ovals, Lark, L&M, Players and Saratoga. A number of these brands have light or ultra-light versions.