Smokers of cigarettes marked as “light,” sued Philip Morris, a tobacco company, for violations of the Consumer Protection Law by presenting the product to be less harmful than other cigarettes. The court denied the certification of the claim as class action, stating that the smokers knowingly accepted the risk because all cigarettes packets—including “light” cigarettes—contain warnings of the dangers of smoking while no misrepresentation was made by the tobacco company that “light” cigarettes are less harmful than non-“light” ones. The court added that the declaratory relief became moot, since the state bars marking cigarettes as “light,” “mild,” or “low tar.”
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)
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.
A plaintiff’s liability may be limited where she has accepted the risks and consequences of her behavior. The tobacco industry may argue that the dangers of smoking are well known, so liability should be limited.
Smokers of cigarettes marked as “light,” sued Philip Morris, a tobacco company, for violations of the Consumer Protection Law by presenting the product to be less harmful than other cigarettes. The court denied the certification of the claim as class action, stating that the smokers knowingly accepted the risk because all cigarettes packets—including “light” cigarettes—contain warnings of the dangers of smoking while no misrepresentation was made by the tobacco company that “light” cigarettes are less harmful than non-“light” ones. The court added that the declaratory relief became moot, since the state bars marking cigarettes as “light,” “mild,” or “low tar.”