The plaintiffs sought interlocutory review of the trial court's order denying their motion for class certification in the case brought against the defendants under the Unlawful Trade Practices Act (UTPA) for making false representations by using the term “lights” in their “Marlboro Lights” cigarettes and the statement “lowered tar and nicotine” on the package. The Court established that, in Oregon, interlocutory appeal is not appropriate where plaintiffs seek class certification in a case brought under the UTPA because the case would not be materially advanced toward the ultimate termination of the litigation.
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.
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.
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.
The plaintiffs sought interlocutory review of the trial court's order denying their motion for class certification in the case brought against the defendants under the Unlawful Trade Practices Act (UTPA) for making false representations by using the term “lights” in their “Marlboro Lights” cigarettes and the statement “lowered tar and nicotine” on the package. The Court established that, in Oregon, interlocutory appeal is not appropriate where plaintiffs seek class certification in a case brought under the UTPA because the case would not be materially advanced toward the ultimate termination of the litigation.