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Feb 2nd, 2007 - 16:31:59

Tobacco companies win temporary stay in lights cigarette case


Nov 24, 2006, 17:27

NEW YORK (AP) - A federal court judge issued an order Tuesday temporarily halting proceedings in a case that alleges misleading marketing of "light" cigarettes, according to a court clerk. A judge at the U.S. Second Circuit Court of Appeals issued the temporary stay until the three-judge panel reviews the issues involved on Dec. 5, said David Adelman, a Morgan Stanley analyst. Adelman said that panel will then decide whether to grant a longer-term stay of the case while it considers a lower court's decision to certify the case, named after lead plaintiff Barbara Schwab, as a class action. A copy of the court order was not readily available. At the moment, it is still unclear whether the court will take up the matter of the class certification decision. Last month, a federal court judge in Brooklyn certified the case as a U.S.-wide class action, making it the biggest legal threat facing the tobacco industry. In the case, smokers of light cigarettes claim that the largest tobacco companies mislead the public by marketing light cigarettes as a safer alternative to regular cigarettes when they are not. Together, these smokers are seeking more than US$200 billion in damages. Unless a stay is granted in the case, the trial is scheduled to begin on Jan. 22.

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