During arguments on Tuesday, the judges expressed concern that a decision two years ago by US District Judge Gladys Kessler might not be allowed under a law designed to combat mobsters and other organised criminals.
Tobacco companies argued that they might have sent mixed messages in the past about the safety of cigarettes but contended no proof was presented that they conspired to commit fraud.
Government lawyers pointed out that tobacco executives continued to say cigarettes were not addictive even as their researchers suggested otherwise.
- Sapa-AP