On December 15, 2008, the U.S. Supreme Court decided that plaintiffs can sue over the tobacco company marketing of so-called "light" cigarettes, and that federal laws covering tobacco advertising do not preempt states from suing tobacco companies.Bloomberg: 'Light' Cigarette Suits Allowed by U.S. Supreme Court (Update4) (December 15, 2008)

In the late 1990s, plaintiffs began introducing scientific documentation of the chemical dependency generated by smoking—and proof that the tobacco companies were well aware of its addictive properties.Slate: A Tobacco Lawsuit Primer (April 25, 2000) The first successful tobacco lawsuit was awarded in February 2000, when a California jury ordered Philip Morris to pay $51.5 million to a California smoker with inoperable lung cancer.Slate: A Tobacco Lawsuit Primer (April 25, 2000)

The lawsuit cited internal Philip Morris documents that proved that they were aware of the fact that smokers compensated in this manner. The lawsuit won under Maine state law, but Philip Morris appealed, arguing that federal law regulating advertising precludes state law.Washington Post: Court Rules in Favor of Smokers Who Seek to Sue Big Tobacco (December 15, 2008)

The U.S. Supreme Court split 5-4, deciding that in this case, national law does not preempt state law.Washington Post: Court Rules in Favor of Smokers Who Seek to Sue Big Tobacco (December 15, 2008)