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.
Price, et al. v. Philip Morris, Inc., 848 N.E.2d 1, Supreme Court of Illinois (2005).
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 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.
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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"The result that the special concurrence advocates is, at best, surprising. PMUSA misrepresented the qualities of its light cigarettes. The misrepresentations led cigarette consumers to overcome their aversion to the taste of light cigarettes and purchase light cigarettes in an unsuccessful attempt to lower their intake of the harmful products to which they were exposed in smoking cigarettes. While PMUSA saw its profits increase because of the sale of light cigarettes, cigarette consumers did not receive the health benefits for which they bargained. The special concurrence dispenses with the inequities in the transaction, however. So long as the price the consumers paid for the false light cigarettes was no more than the price for the nonbargained-for cigarettes, PMUSA could make misrepresentations of whatever kind it desired. When considered in light of the addictive nature of cigarettes, the special concurrence's position is not only surprising but untenable. Recall the special concurrence's acknowledgment that "PMUSA was fully aware[] the so-called `light' cigarettes not only offered no health benefits, but were actually more toxic." 219 Ill.2d at 276, 302 Ill.Dec. at 56, 848 N.E.2d at 56 (Karmeier, J., specially concurring, joined by Fitzgerald, J.). Also recall the special concurrence's claim that cigarette consumers could "not have stopped smoking, for they were addicted." 219 Ill.2d at 281, 302 Ill.Dec. at 58, 848 N.E.2d at 58 (Karmeier, J., specially concurring, joined by Fitzgerald, J.). The stepping-stones to the special concurrence's position are as follows. Cigarette manufacturers, including PMUSA, could market a highly addictive and toxic product, a cigarette, with the result that the consumer became addicted to the product. PMUSA could then market a light cigarette, just as addictive as a full-flavored cigarette, that it claimed contained less toxic compounds than a full-flavored cigarette. Consumers could flock to the light cigarette, believing the misrepresentations regarding the health benefits flowing from the claimed reduction of toxic compounds in the light cigarette. PMUSA could reap increased profits as customers switched to the light cigarette marketed by PMUSA. However, consumers could not recover for the misrepresentations because they could not break free of the addiction directly flowing from PMUSA's marketing of full-flavored and light cigarettes."
"Because PMUSA was specifically authorized to use the disputed terms without fear of the FTC
challenging them as deceptive or unfair, it is exempt from civil liability under 10b(1) of the Consumer
Fraud Act for the use of the terms so long as the other conditions set out in the consent orders were met.
We find no evidence in the record that PMUSA failed to use these terms in compliance with the terms of
the consent orders."
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.
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.