Cleary v. Philip Morris USA

A class of Illinois residents sued several tobacco companies, alleging in the original complaint that Philip Morris deceptively marketed Marlboro Lights and alleging in a third amended complaint that all of the defendant-companies deceptively and falsely marketed "light," "ultra light," and "low tar" cigarettes as presenting fewer health risks than other cigarettes.  In the time period between the original and third amended complaints, plaintiffs moved for dismissal of the allegations pertaining to Marlboro Lights 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 held that the claims pertaining to lights cigarettes other than Marlboro Lights did not relate back to the original filing and were therefore time-barred.  The Court ordered Philip Morris to show cause at a later date as to why the lights claims pertaining to Marlboro Lights should not be reinstated.

Cleary, et al. v. Philip Morris, Inc., et al., Case No. 09 C 1596 (N.D. Ill. Feb. 8, 2009).

  • United States
  • Sep 8, 2009
  • U.S. District Court for the Northern District of Illinois, Eastern Division

Parties

Plaintiff

  • Brian Cleary
  • Others similarly situated
  • Rita Burke

Defendant

  • Others
  • Philip Morris, Inc.

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None

"The third amended complaint expands the light cigarettes claims originally asserted in the first amended complaint. The first amended complaint’s light cigarettes claims were directed only at Philip Morris’ Marlboro Lights brand, and the putative class was composed of Illinois residents who had purchased only Marlboro Lights cigarettes. The third amended complaint is directed at all low tar, light, and ultra light cigarettes. Plaintiffs concede that their light cigarettes claims against defendants other than Philip Morris are time-barred, but that still leaves at least twenty-eight other Philip Morris brands that were not part of the claims in the first amended complaint. There is nothing in the first amended complaint from which Philip Morris would have gotten notice of a potential claim relating to its low tar, light, and ultra light cigarette brands other than Marlboro Lights. In fact, the first amended complaint pointedly named only Marlboro Lights, even though the other low tar, light, and ultra light brands had been in existence long before the filing of the first amended complaint. For these reasons, the expanded light cigarettes claims in the third amended complaint do not relate back to the filing of the first amended complaint to the extent they concerns brands other than Marlboro Lights. If the Court ends up permitting plaintiffs to reinstate the light cigarettes claims against Philip Morris, those claims will be limited to the Marlboro Lights brand."