Buyers of Marlboro Lights cigarettes sued Philip Morris arguing that the company misrepresented whether Marlboro Lights had lower tar and nicotine levels between 1971 and 2000. The individuals asked for class action status to sue the company under the Oregon Unlawful Trade Practices Act. In this decision, the court of appeals overturned an earlier decision by the trial court. The appeals court said that it would be possible for the case to proceed as a class action because there are a number of common issues among the class members. The court also found that the trial court made a mistake in ruling that federal law preempted the plaintiffs’ claim. The appeals court sent the case back to the trial court asking the court to reassess whether a class action is the best method for deciding the case and, if not, if there are common issues that can be tried together in what is known as an “issue class.”
Pearson v. Philip Morris, Inc., 257 Or. App. 106 (2013).
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.
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.
Type of Tobacco Product
None
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
"As to plaintiffs’ third assignment of error, the trial court’s denial of plaintiffs’ request for certification of an issue class was based on its conclusion that all three elements of plaintiffs’ claims required individual inquiries. Because that conclusion was erroneous, if the trial court determines that an issue class covering questions of liability would be superior to treatment of the entire case as a class action, it must reconsider plaintiffs’ motion for certification of an issue class."
"As to plaintiffs’ second assignment of error, we conclude that (1) to prove damages—viz., that they and the putative class members have suffered ascertainable losses—plaintiffs would have to prove that the Marlboro Lights that they and the putative class members purchased were not inherently light and that the missing feature had value; (2) whether plaintiffs and the putative class members have suffered ascertainable losses can be litigated on a class-wide basis; (3) to prove causation—viz., that they and the putative class members have suffered ascertainable losses “as a result of” defendant’s representations—plaintiffs would have to prove that they and the putative class members relied on the representations; (4) whether plaintiffs and the putative class members relied on the representations can be litigated on a class-wide basis; (5) because all of the elements of liability can be proved on a common basis, the trial court erred in concluding that common questions would not predominate over individual questions; (6) the trial court’s conclusion that a single class action would not be superior to other available methods for adjudicating the controversy was premised on a legal error; and, therefore, (7) we must remand in order for the trial court to reconsider whether a class action is superior to other methods of litigating the controversy."
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
Buyers of Marlboro Lights cigarettes sued Philip Morris arguing that the company misrepresented whether Marlboro Lights had lower tar and nicotine levels between 1971 and 2000. The individuals asked for class action status to sue the company under the Oregon Unlawful Trade Practices Act. In this decision, the court of appeals overturned an earlier decision by the trial court. The appeals court said that it would be possible for the case to proceed as a class action because there are a number of common issues among the class members. The court also found that the trial court made a mistake in ruling that federal law preempted the plaintiffs’ claim. The appeals court sent the case back to the trial court asking the court to reassess whether a class action is the best method for deciding the case and, if not, if there are common issues that can be tried together in what is known as an “issue class.”