Cigarette suit first up in new Supreme Court term

October 06 12:05:04 PM, Yahoo News

Members of the U.S. Supreme Court sit for a group portrait at the Supreme Court in Washington in this March 3, 2006 file photo. Seated in the front row, from left to right are: Associate Justice Anthony M. Kennedy, Associate Justice John Paul Stevens, Chief Justice of the United States John G. Roberts, Associate Justice Antonin Scalia, and Associate Justice David Souter. Standing, from left to right, in the top row, are: Associate Justice Stephen Breyer, Associate Justice Clarence Thomas, Associate Justice Ruth Bader Ginsburg, and Associate Justice Samuel Alito Jr. (AP Photo/J. Scott Applewhite, File)

AP - The Supreme Court opens its new term Monday with arguments over limits on lawsuits against tobacco companies.

The court will consider whether federal regulation of cigarettes prevents smokers from suing tobacco companies under state law for allegedly deceptive advertising of "light" cigarettes.

The case grew out of a lawsuit by three Maine residents against Altria Group Inc. and its Philip Morris USA Inc. subsidiary under the state's law against unfair marketing practices.

The company says a federal law on cigarette labeling and advertising rules out such lawsuits because it forbids states from imposing any requirements on the advertising or promotion of cigarettes.

The key to the case is whether the high court views the suit as being about false advertising, which would tend to favor the smokers, or smoking and health, which could lead to a ruling for Altria.

The justices also are expected to issue orders formally refusing to hear arguments in hundreds of cases that were appealed to the court over the past three months.

The court's term begins by law on the first Monday in October.

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