You can bet someone is going to try. Not the cigarette itself, but the company that made it. Preventing lawsuits over fires is said to be the rationale behind the inclusion of toxic fire retardant chemicals in cigarettes. If those chemicals don't do their job, a defective product lawsuit is certainly possible.
“Preventing lawsuits over fires is said to be the rationale behind the inclusion of toxic fire retardant chemicals in cigarettes.”
Actually, as I understand it, a number of years back there was a change in cigarettes to make them go out by themselves. However it was not the addition of a “fire retardant”, it was the removal of saltpeter from the mix. Saltpeter had been added to cigarettes for decades to make them burn without being smoked.