Lawyers are appealing the Illinois Supreme Court's decision to throw out a class-action lawsuit against Philip Morris USA, urging the court to take a deeper look at regulation of marketing claims for "light" cigarettes, the St. Louis Post-Dispatch reported Jan. 31.

The court voided a $10-billion judgment against the tobacco company, which a class of smokers claimed intentionally misled them about the health risks of so-called "light" cigarettes. In their appeal, the plaintiffs said that the Illinois Supreme Court should have asked federal legislators about their stance on such marketing before tossing the case.

If that appeal fails, the lawyers in the case expect to make a similar argument before the U.S. Supreme Court.

The Illinois court overturned the award against Philip Morris largely because the Federal Trade Commission (FTC) gave cigarette firms consent to use terms like "light" and "low-tar." But lawyer Stephen Tillery said the court never asked the FTC to explain their policy on the issue. "The court's reliance on a misinterpretation of FTC action necessarily creates a basis for review before the United States Supreme Court," Tillery said.