Mass. Court OKs Class-Action Lawsuit on Light Cigarettes August 17, 2004
News Summary
The Massachusetts Supreme Court overturned a lower-court ruling and gave the green light to a class-action lawsuit against Philip Morris Cos. Inc. over marketing of Marlboro Lights cigarettes, the Boston Globe reported Aug. 14."We conclude that a class action is not only an appropriate method to resolve the plaintiffs' allegations, but, pragmatically, the only method whereby purchasers of Marlboro Lights in Massachusetts can seek redress for the alleged deception," Justice John Greaney wrote for the majority.
The lawsuit claims that Philip Morris USA misled smokers into believing that their light cigarettes had lower tar and nicotine than regular cigarettes.
With class-action status, anyone in the state who purchased Marlboro Lights since 1994 would be included in the decision.
In responding to the court's ruling, Philip Morris USA said a jury would likely reject the lawsuit. "Philip Morris USA believes that plaintiffs will not be able to prove at trial that there was any deceptive conduct, as required by the Massachusetts statute, or that consumers were actually damaged as a result of the purchases," said William Ohlemeyer, vice president and associate general counsel.
Anti-smoking advocates are pleased with the court's ruling. "The big battle in these cases is the certification battle, because the underlying facts in themselves are very damaging for the defendants," said Mark Gottlieb, a senior staff lawyer for the Tobacco Products Liability Project at Northeastern University.
Similar lawsuits have been filed in at least 11 states. The first lawsuit to make it to trial was in Illinois, where the judge delivered a $10.1-billion verdict against Philip Morris. The company appealed the verdict, and the case is in the Illinois Supreme Court.
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