Judge Nicholas Byron, whose judgement in a lawsuit over light cigarettes against Philip Morris USA had been rejected on appeal, has asked the Court of Illinois to re-open the case.

Citing possible new evidence from a separate tobacco case, Byron has asked the 5th District Appellate Court of Illinois to revive the case from 2003. Back then, Byron had ruled in favour of smokers, asserting that Philip Morris USA misled consumers into believing they were buying a less harmful cigarette. The judge ruled that the company had to pay US$ 10.1 billion, but  the Illinois Supreme Court overturned Byron’s ruling, declaring that the Federal Trade Commission allowed companies to label their cigarettes as ‘light’ and ‘low tar.’
Now Paul Clement, a Supreme Court lawyer, is saying that in a new case – Watson versus Philip Morris – the FTC never authorised Marlboro Lights to be labelled as ‘lights’ or use the words ‘lower tar and nicotine.’
James Thompson, an attorney representing Philip Morris, claims the appellate court has no authority to decide whether the case can be reopened and has asked the Illinois Supreme Court to “put a stop once and for all to the plaintiffs’ futile efforts to resurrect their case.” According to Thompson, only the Supreme Court has the power “to set the court straight.” A reopening of the case will be futile as the Supreme Court’s dismissal of the plaintiffs’ claims must stand, Thompson wrote in his legal filing last week.