The Canadian Cancer Society is supporting a court appeal this week that will attempt to start a class action over light cigarettes.
In a news release, the society said the Sparkes case proceeding as a class action would provide “necessary access to justice.”
Without class-action certification, thousands of consumers in the province would have no practical remedy “as a result of the ‘light’ and ‘mild’ deception,” the society said.
 The case returns to court Wednesday and Thursday, when the Newfoundland and Labrador Court of Appeal will begin hearing arguments as to whether a lawsuit against Imperial Tobacco for deception related to so-called “light” cigarettes should be certified to proceed as a class action.  
In 2008, the Trial Division of the Supreme Court of Newfoundland and Labrador ruled the case could not proceed as a class action because the cigarettes weren’t purchased directly from the manufacturer.
Ches Crosbie is the lawyer representing the plaintiffs.
The society said in British Columbia, in a case similar to Sparkes, the Knight v. Imperial Tobacco Canada Ltd. case has been certified to proceed as a class action. In Quebec, there are two broad product liability class actions that have been certified to proceed against Imperial Tobacco and the two other major tobacco companies.
The cancer society also noted that in a 2002 judgment upholding federal advertising restrictions, the Quebec Superior Court concluded “the industry has always known that light cigarettes are as damaging to health as regular cigarettes but has nevertheless mounted a subtle marketing plan that leads smokers to infer they should smoke light cigarettes if they are concerned about their health.”
Imperial Tobacco and other major tobacco companies removed “light” and “mild” descriptors because of a 2006 settlement with the federal Competition Bureau. But, the Cancer Society remains concerned that tobacco companies continue to engage in package deception that misleads consumers. 
Nine provinces have also brought forward legislation to recover Medicare costs related to smoking, while three provincial governments — B.C., Ontario and New Brunswick — have filed lawsuits.
This province has legislation introduced but not yet proclaimed.
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