Philip Morris USA and other cigarette makers argued Tuesday that a federal judge erred in 2006 when it granted class-action status to a lawsuit over tobacco companies marketing of 'light' cigarettes.

At a hearing before the 2nd Circuit Court of Appeals, Theodore M. Grossman, a lawyer for the tobacco companies, said there were 65 different brands of light cigarettes with hundreds of advertising campaigns during the 35-year period covered by the class certification. He said the certification was ‘overbroad’ and the issues so individualised for each brand or each smoker's own circumstances that the case could not be effectively grouped in such a class.
Michael D. Hausfeld, a lawyer for the plaintiffs, said there was enough uniformity in the members of the class for it to be properly certified. The case is known as the Schwab case for its lead plaintiff, Barbara Schwab. In September 2006, U.S. District Judge Jack B. Weinstein certified a broad class of smokers as potential plaintiffs in the case, which alleges tobacco companies tricked the public into believing cigarettes labelled as ‘light’ were less harmful to their health.
The Schwab case was originally scheduled for trial this past January, but the appellate court stayed the trial in order to hear the tobacco companies' appeal. The plaintiffs are seeking USD 280 billion in damages, which could be tripled to more than USD 800 billion if the smokers' federal racketeering claims are granted, the cigarette makers have said.
Other defendants in the case include R.J. Reynolds Tobacco Co., Lorillard Tobacco Co., Liggett Group and British American Tobacco.