Cleary v. Philip Morris USA

A class of Illinois residents sued several tobacco companies under Illinois' Consumer Fraud Act, alleging in the original complaint and in a third amended complaint that Philip Morris deceptively and falsely marketed Marlboro Lights as presenting fewer health risks than other cigarettes.  In the time period between the original and third amended complaints, plaintiffs had moved for dismissal of the lights allegations, maintaining that the matter was addressed by a separate class action before another court.  Although the separate class action subsequently was dismissed as preempted by federal law, the U.S. Supreme Court later invalidated the grounds for dismissal.  Upon motion by the defendants to dismiss the lights allegations in the third amended complaint, the Court vacated the prior dismissal and reinstated the original claim regarding Marlboro Lights, finding that the claim was not precluded by the separate class action because the intervening U.S. Supreme Court decision materially altered the situation.


Cleary, et al. v. Philip Morris USA, Inc., et al., 683 F. Supp. 2d 730 (N.D. Ill. 2010).

  • United States
  • Jan 13, 2010
  • U.S. District Court for the Northern District of Illinois, Eastern Division



  • Brian Cleary
  • Others similarly situated
  • Rita Burke


  • Others
  • Philip Morris USA, Inc.

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product