Massachusetts Supreme Judicial Court on Friday reinstated a so-called “lights” cigarettes class action lawsuit against Philip Morris USA. The lawsuit claims Philip Morris advertised Marlboro Lights as less harmful than other brands.
In a 4-3 decision, the court ruled that Massachusetts’ Consumer Protection laws require the trial court to allow the case to proceed as a class action, Philip Morris said in a statement.
“We conclude that a class action is not only an appropriate method to resolve the plaintiff’s allegations, but, pragmatically, the only method whereby purchasers of Marlboro Lights in Massachusetts can seek redress for the alleged deception,” Justice John M. Greaney wrote in the majority opinion.
The decision came in the Aspinall case, which was initially certified as a class action by a Massachusetts trial court on October 11, 2001 but decertified by a judge of the state’s intermediate appellate court. In Aspinall, plaintiffs seek only to recover for economic loss, and not personal injuries.
“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 S. Ohlemeyer, Philip Morris USA vice president and associate general counsel.
“All of the class members bought Marlboro Light cigarettes that were sold with the same health warnings that are placed on every other brand of cigarettes, whether full flavor, “light,” or “ultra-light;” they paid the same price for Marlboro Lights as they would have paid for full-flavored Marlboros. Many continue to smoke Marlboro Lights despite knowing they may not be getting lowered ‘tar’ because of the way they smoke,” he said.
In another case involving “light” cigarettes, last year in the Hines case in Florida, an appellate court refused to allow the case to proceed as a class action. Plaintiffs have moved for reconsideration of that ruling, Philip Morris said.
The Supreme Court sent the case back to Superior Court, where it will proceed toward a trial.
(via Philip Morris USA)
Comments on this entry are closed.