McLaughlin v. Philip Morris USA, Inc.

Plaintiffs brought a class action against tobacco companies for fraud under the Racketeer Influenced and Corrupt Organizations Act (RICO) for allegedly deceiving the plaintiffs into "believing that 'light' cigarettes were healthier than 'full-flavored' cigarettes."  The Court held that the class did not meet the "predominance" requirements under Federal Rule of Civil Procedure 23(b)(3) (“questions of law or fact common to class members [must] predominate over any questions affecting only individual members"), as not all plaintiffs met RICO's requirement that the each plaintiff be able to prove reliance, injury, and damages. The Court reversed the lower court's class certification of the plaintiffs.


McLaughlin v. Philip Morris USA, Inc., 522 F.3d 215, United States Court of Appeals, Second Circuit (2008).

  • United States
  • Apr 3, 2008
  • U.S. Court of Appeals for the Second Circuit



  • Barbara Bishop
  • Barbara Schwab
  • David Rogers
  • David Tuttleman
  • Fergal Furlong
  • Jane Amodeo
  • Jim Sherman
  • Karen McLaughlin
  • Patricia Scocozza
  • Susan Bailey
  • Trevor Campbell


  • Altria Group
  • American Tobacco Company
  • B.A.T. Industries P.L.C.
  • British American Tobacco Limited
  • Liggett Group, Inc.
  • Lorillard Tobacco Company
  • Philip Morris, Inc.
  • R.J. Reynolds Tobacco Company

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product