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Billion-dollar tobacco suit back in court

This FDA image released on June 21, 2011 shows one of the new proposed cigarette warning labels. Beginning September 2012, FDA will require larger, more prominent cigarette health warnings on all cigarette packaging and advertisements in the United States. These warnings mark the first change in cigarette warnings in more than 25 years and are a significant advancement in communicating the dangers of smoking. UPI/FDA
1 of 2 | This FDA image released on June 21, 2011 shows one of the new proposed cigarette warning labels. Beginning September 2012, FDA will require larger, more prominent cigarette health warnings on all cigarette packaging and advertisements in the United States. These warnings mark the first change in cigarette warnings in more than 25 years and are a significant advancement in communicating the dangers of smoking. UPI/FDA | License Photo

SPRINGFIELD, Ill., Sept. 29 (UPI) -- A $10.1 billion lawsuit against cigarette-maker Philip Morris is headed back to court after the Illinois Supreme Court declined an appeal by the company.

The lawsuit that produced an initial $10.1 billion judgment will go back to Madison County Circuit Court after the state Supreme Court declined Wednesday to hear the company's appeal of a lower-court ruling that revived the litigation, the St. Louis Post-Dispatch reported.

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In 2003 a circuit court judge awarded $10.1 billion in compensatory and punitive damages after a two-month trial of a class-action lawsuit on behalf of Illinois smokers who claimed Philip Morris deceived consumers when it advertised that certain of its cigarette brands were "light" and contained "lowered tar and nicotine."

The Illinois Supreme Court reversed the judgment in 2005, finding that the company's use of the terms of "light, low or reduced" to describe cigarettes was authorized by the Federal Trade Commission.

But in 2008 the U.S. Supreme Court ruled that the FTC didn't authorize use of those terms.

In February the 5th District Appellate Court sent the case back to the circuit court for "further proceedings," a ruling appealed by Philip Morris, now Altria Group Inc.

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In a one-sentence ruling the state Supreme Court declined to hear the company's appeal.

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