An attempt by cigarette company Philip Morris to move a liability case from state to more favorable federal courts led last week to a hearing before the U.S. Supreme Court.

The Associated Press reported April 28 that Philip Morris claimed that because cigarette marketing is regulated by the Federal Trade Commission, that makes the company a "person acting under" a federal officer. As such, the company contends, the liability lawsuit filed by two Arkansas women should be shifted to the federal courts.

The plaintiffs in the case, Lisa Watson and Loretta Lawson, assert that Philip Morris deceived the public with its marketing of Marlboro Lights and Cambridge Lights cigarettes because they were not as low in tar and nicotine as promoted.

The plaintiffs' attorney told the high court that just because Philip Morris follows federal law doesn't make the company a federal officer. "When they comply with those rules, they are not acting on behalf of the government," said lawyer David Frederick. "They are simply fulfilling a legal obligation that all Americans have to fulfill."

Justice Ruth Bader Ginsburg said Philip Morris was not serving the government in its marketing and sale of cigarettes. "The company is doing it so they can stay in business and market a product," she said.