Tyrer v. Philip Morris USA, Inc., et al. (In re: Light Cigarettes Marketing Sales Practices Litigation)

Plaintiffs sought class certification as purchasers of light cigarettes who were harmed by defendants' alleged misleading advertising and marketing of these products. The Court denied class certification, finding that even though the plaintiffs met the numerosity, commonality, typicality, and adequacy requirements, plaintiffs failed to show causation and injury. In addition, the proposed class included members who lacked standing to sue in federal courts.

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Tyrer v. Philip Morris USA, Inc., et al., 271 F.R.D. 402, United States District Court for the District of Maine (2010).

  • United States
  • Sep 24, 2010
  • United States District Court for the District of Maine

Parties

Plaintiff Miles Tyrer

Defendant

  • Altria Group, Inc
  • Philip Morris USA, Inc.

Legislation Cited

California’s Consumer Legal Remedies Act (CLRA), California Civil Code, § 1750, et. seq.

California’s False Advertising Act (FAL), Bus. & Prof. Code, § 17500, et. seq.;4

California’s Unfair Competition Law (UCL), Bus. & Prof. Code, § 17200, et. seq.

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Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None