TOBACCO CONTROL LAWS

Cleary v. Philip Morris USA

A class of Illinois residents sued several tobacco companies for unjust enrichment.  Following the dismissal of claims brought by an original named plaintiff, the plaintiffs filed a fourth amended complaint naming a new representative plaintiff and reinstating allegations that the defendants engaged in a decade-long conspiracy to suppress information about the addictive nature of nicotine and knowingly and falsely marketed Marlboro Lights as being less harmful than other cigarettes.  The Court granted the defendants' motion to dismiss the fourth amended complaint, finding that the plaintiffs had failed to assert any personal detriment suffered or any legal right invaded as a result of defendants' alleged actions.

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Cleary, et al. v. Philip Morris USA, Inc., et al., Case No. 09 C 1596 (N.D. Ill. June 22, 2010).

  • United States
  • Jun 22, 2010
  • U.S. District Court for the Northern District of Illinois, Eastern Division
View Case History

Parties

Plaintiff

  • Brian Cleary
  • Ines Taylor
  • Others similarly situated

Defendant

  • Others
  • Philip Morris USA, Inc.

Legislation Cited

Related Documents

None

Type of Litigation

Personal Injury
An individual or organization may seek civil damages against a tobacco company based on the claim that the use of tobacco products causes disease or death. Some of these cases will relate to general tobacco products, while others will relate to specific subcategories of tobacco products--for example, light or low products, menthol or other flavored products. Additionally, there may be cases relating to exposure to secondhand smoke.

Tobacco Control Topics

Contents and Disclosures Measures
Measures for testing, measuring, regulating, or disclosing the contents and emissions of tobacco products. (See FCTC Arts. 9 and 10)
Packaging and Labeling Measures
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)
Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)

Substantive Issues

Consumer Protection Violation

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.

Industry-Perpetrated Fraud
The tobacco industry may have perpetrated a fraud upon the public or the courts by presenting false information or deliberately hiding known-facts.
Procedural Defect
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

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