Curtis v. Altria Group, Inc., et al.

Appellants, consumers of Marlboro Lights in Minnesota, and respondents, Altria Group and Philip Morris, challenge all of the rulings of the district court which dismissed some of appellants' claims and denied appellants' motion for summary judgment.  The Court held in favor of the appellants, finding, among other things, that the district court had erred in dismissing appellants' claims under a state consumer protection law because appellants established a sufficient public benefit to maintain the action and that such claims may be pursued even after the government acts to redress the same misrepresentations.

Curtis V. Altria Group, Inc., et al., 792 N.W.2d 836, Minnesota Court of Appeals (2010).

  • United States
  • Dec 28, 2010
  • Minnesota Court of Appeals
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Parties

Plaintiff

  • Gregory Curtis
  • Others

Defendant

  • Altria Group, Inc.
  • Philip Morris, Inc.

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None

"As we understand it, appellants' theory of damages is that, no matter what individual factors may have been involved in a class member's decision to purchase Lights, all consumers of Lights were led by false advertising to believe that Lights were healthier than regular cigarettes when they were not, such that purchasers are entitled to reimbursement for all amounts spent on the misrepresented cigarettes. Here, as in Peterson, appellants allege that the impact of the manufacturer's conduct on consumers was designed by the manufacturer to be the same for all members of the class: instilling a belief about the nature of a product. Therefore, the causal nexus is a question common to all class members. Philip Morris argues that, if smoked in a particular manner, Lights may have delivered what was advertised, which makes the inquiry into the falseness of its claims an individual inquiry. But appellants counter that Philip Morris purposefully withheld this important information about smoking methods from all consumers and expended enormous sums in deceptive advertising (the prohibited conduct) to influence consumers to pay money (the damages claimed) for a misrepresented product. Group Health instructs that the required causal nexus may be established when there is something to connect "the claimed damages and the alleged prohibited conduct." 621 N.W.2d at 14. The district court appropriately relied on supreme court cases issued after its initial denial of class certification for the proposition that the proof of causation required in consumer-protection class actions is less stringent than proof of causation required in actions for common-law fraud and does not require proof of individual reliance, but merely a causal relationship between the advertiser's actions and the alleged injury. See Wiegand v. Walser Auto. Grps., Inc., 683 N.W.2d 807, 811-12 (Minn.2004) (stating that a showing of "individual consumer reliance" is not necessary to state a claim for damages under Minn.Stat. § 8.31, subd. 3a);"
"Philip Morris asserts that appellants failed to offer any expert opinion to support their theory of common classwide proof and that the district court erred by failing to consider, in deciding the certification issue, Philip Morris's evidence that individual issues predominate. We disagree. The district court's analysis is not extensive, but it found that all members of the class have been similarly injured by Philip Morris's alleged lengthy course of prohibited conduct. And the record supports this finding. Each of the class representatives testified in depositions that he or she thought that Lights were safer than regular cigarettes. Each class representative's testimony supports that he or she likely would not have purchased Lights if he or she had known that Philip Morris intentionally misrepresented Lights. And documents in the record, obtained from Philip Morris, demonstrate Philip Morris's early and continuing awareness of smokers' attitudes toward health issues, recognition of the market potential of a cigarette perceived by consumers to be healthier than regular cigarettes, and recognition that the reason smokers accept low-tar cigarettes is due to the health reassurance they seem to offer."