TOBACCO CONTROL LAWS

Price v. Philip Morris, Inc.

The plaintiffs, smokers, filed a class action against Philip Morris alleging that defendant's marketing of light and low-tar and nicotine cigarettes violated certain fraud statutes.  The trial court denied defendant's motion for summary judgment and awarded plaintiffs $10.1 billion. On appeal, the Court held that the action was barred by the Consumer Fraud Act and remanded with instructions for the trial court to dismiss plaintiffs' claim.

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Price, et al. v. Philip Morris, Inc., 848 N.E.2d 1, Supreme Court of Illinois (2005).

  • United States
  • Dec 15, 2005
  • Supreme Court of Illinois
View Case History

Parties

Plaintiff

  • Others
  • Sharon Price

Defendant Philip Morris, Inc.

Legislation Cited

Related Documents

None

Type of Litigation

Enforcement Action by a Private Individual or Private Entity
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.
Personal Injury
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.

Tobacco Control Topics

Contents and Disclosures Measures
Measures for testing, measuring, regulating, or disclosing the contents and emissions of tobacco products. (See FCTC Arts. 9 and 10)
Packaging and Labeling Measures
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)
Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)

Substantive Issues

Consumer Protection Violation

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.

Trade Violation
A claim of an infringement of any international trade agreement, including General Agreement on Tariffs and Trade (GATT), Technical Barriers to Trade (TBT), Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), or bilateral treaties.
Industry-Perpetrated Fraud
The tobacco industry may have perpetrated a fraud upon the public or the courts by presenting false information or deliberately hiding known-facts.
Preemption
The subject matter of the case should be dealt with at a state level or national level.

Type of Tobacco Product

None

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