The plaintiffs represented three classes of individuals who brought suit against several tobacco companies for three separate claims of "unjust enrichment," which according the plaintiffs, allowed the named companies to benefit from the sale of tobacco products despite engaging in conduct that violated "justice, equity and good conscience." In particular, the plaintiffs claimed that (1) defendants engaged in a conspiracy to conceal information about the addictive nature of nicotine, (2) they unconscionably targeted minors for tobacco sales, and (3) they misled consumers by marketing "light" cigarettes as a safer alternative to regular cigarettes, despite their knowledge to the contrary. The plaintiffs sought to certify a class for each of these claims. In prior proceedings, the United States District Court for the Northern District of Illinois dismissed the claim related to conspiracy to conceal the addictive nature of nicotine and granted summary judgment in favor of defendants on the claim related to youth marketing. The Court declined to certify plaintiff classes for either of these claims. In analyzing only the motion to certify the third plaintiff class, the Court found that the representative plaintiff lacked "typicality" with the rest of the class, insofar as he failed to demonstrate how the alleged concealment of knowledge about the harms of "light" cigarettes harmed him in particular. The Court denied the motion accordingly.
Cleary, et al. v. Philip Morris USA, Inc., et al., 265 F.R.D. 289 (N.D. Ill. 2010).
United States
Feb 22, 2010
U.S. District Court for the Northern District of Illinois, Eastern Division
Some jurisdictions allow an individual or organization to initiate an action against another private party who is not following a particular law. For example, a person may sue a restaurant that allows smoking despite a smoke free law. If the plaintiff is claiming the violation of the law caused physical harm, this may also be a personal injury case.
Measures to regulate the marketing on tobacco packages. This includes both bans on false, misleading, deceptive packaging, as well as required health warnings on packaging.
(See FCTC Art. 11)
Measures restricting tobacco sales to or by minors, as well as other retail restrictions relating to point-of-sale, candy and toys resembling tobacco products, vending machines, or free distribution.
(See FCTC Art. 16)
Any violation of a law designed to ensure fair trade, competition, or the free flow of truthful information in the marketplace. For example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue.
The court might consider procedural matters without touching the merits of the case. These might include: improper joinder, when third parties, such as Health NGOs or government officials, seek to become parties to the suit; lack of standing, where a plaintiff fails to meet the minimum requirements to bring suit; lack of personal jurisdiction, where the court does not have jurisdiction to rule over the defendant; or lack of subject matter jurisdiction, where the court does not have jurisdiction over the issue at suit.
Type of Tobacco Product
None
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
"Cleary fails to address in his briefs supporting class certification how he intends to show that he himself suffered a detriment as a result of Philip Morris’ conduct. He likewise does not address how, if at all, his claims are typical of those of class members in this regard. This will not do. As the Court noted earlier, “the [typicality] requirement is meant to ensure that the named representative’s claims have the same essential characteristics as the claims of the class at large.” Oshana, 472 F.3d at 514. By failing to address how he or any other class member will prove that they suffered a detriment due to Philip Morris’s alleged misconduct, Cleary has effectively forfeited the point. Even were this not the case, the Court would conclude that Cleary has failed to establish typicality. Class C is defined so broadly that it is likely to include persons who suffered no detriment at all due to Philip Morris’s conduct. Some class members may have purchased Marlboro Lights for reasons wholly unrelated to its purportedly less-unhealthy qualities – for example, because they preferred the flavor over other brands. And other class members may have purchased Marlboro Lights despite being completely unaware of claimed differences between the adverse effects of “light” cigarettes and other, non-“light” brands. It is not entirely clear where Cleary fits in along this spectrum. Though it is true, as Cleary points out, that factual differences among the claims of class members do not necessarily defeat typicality, see Rosario, 963 F.2d at 1018, the likelihood that some significant proportion of class members experienced no injury at all does, at least in a case like this one in which proof of detriment is a necessary element of the claim."
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
The plaintiffs represented three classes of individuals who brought suit against several tobacco companies for three separate claims of "unjust enrichment," which according the plaintiffs, allowed the named companies to benefit from the sale of tobacco products despite engaging in conduct that violated "justice, equity and good conscience." In particular, the plaintiffs claimed that (1) defendants engaged in a conspiracy to conceal information about the addictive nature of nicotine, (2) they unconscionably targeted minors for tobacco sales, and (3) they misled consumers by marketing "light" cigarettes as a safer alternative to regular cigarettes, despite their knowledge to the contrary. The plaintiffs sought to certify a class for each of these claims. In prior proceedings, the United States District Court for the Northern District of Illinois dismissed the claim related to conspiracy to conceal the addictive nature of nicotine and granted summary judgment in favor of defendants on the claim related to youth marketing. The Court declined to certify plaintiff classes for either of these claims. In analyzing only the motion to certify the third plaintiff class, the Court found that the representative plaintiff lacked "typicality" with the rest of the class, insofar as he failed to demonstrate how the alleged concealment of knowledge about the harms of "light" cigarettes harmed him in particular. The Court denied the motion accordingly.