In re Tobacco Cases II

Opinion

McCONNELL, P. J.

This action under the unfair competition law (UCL) (Bus. & Prof. Code, § 17200 et seq.) 1 and the false advertising law (FAL) (§ 17500 et seq.) arises from Philip Morris USA, Inc.’s (Philip Morris) use of terms such as “Lights” and “Lowered Tar and Nicotine” in advertising Marlboro Lights, to indicate they were less unhealthful than Marlboro Reds and other full-flavored cigarettes. The trial court determined Marlboro Lights were no less dangerous than any other cigarettes, Philip Morris knew that, and its advertising was likely to deceive consumers. The court, however,…