A group of smokers filed a class action against Philip Morris alleging that the company’s marketing of “light” and “lowered tar and nicotine” cigarettes violated certain fraud statutes. The trial court denied the company’s attempt to dismiss the case and awarded the smokers $10.1 billion. After numerous appeals, an Illinois court reinstated the case in 2014. In this decision, the Illinois Supreme Court rejected the appeals court’s decision (based on procedural reasons) and dismissed the class action, effectively ending the case.
Price, et al. v. Philip Morris, Inc., 2015 IL 117687 (2015).
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 court might consider procedural matters without touching the merits of the case. These might include: improper joinder, when third parties, such as Health NGOs or government officials, seek to become parties to the suit; lack of standing, where a plaintiff fails to meet the minimum requirements to bring suit; lack of personal jurisdiction, where the court does not have jurisdiction to rule over the defendant; or lack of subject matter jurisdiction, where the court does not have jurisdiction over the issue at suit.
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.
"Indeed, defendant has already been found liable in another jurisdiction for committing the same misconduct. In United States v. Philip Morris USA, Inc., 449 F. Supp. 2d 1 (D.D.C. 2006), aff’d in part and vacated in part, 566 F.3d 1095 (D.C. Cir. 2009) (per curiam) (Philip Morris), the federal government sued defendant and other major tobacco companies in 1999 pursuant to the Racketeer Influenced and Corrupt Organizations Act (RICO) (18 U.S.C. §§ 1961-1968 (1994)). The government charged that the tobacco companies violated the RICO statute by intentionally conspiring to deceive the American public regarding the health effects of smoking cigarettes through their marketing practices. As summarized by the court of appeals, the government alleged that the defendants fraudulently denied that smoking causes cancer and emphysema, that secondhand smoke causes lung cancer and endangers children, that nicotine is an addictive drug and the defendants manipulated it to sustain addiction, that light and low-tar cigarettes are not less harmful than regular cigarettes, and that the defendants intentionally marketed to youth. The government also alleged that the defendants concealed evidence and destroyed documents to hide the dangers of smoking and protect themselves in litigation. Philip Morris, 566 F.3d at 1106 (citing 449 F. Supp. 2d at 27)."
"In the context of this recognized public health epidemic, defendant’s misconduct was appalling. The circuit court’s findings in the original trial, which no reviewing court has disturbed, were supported by the following evidence. defendant’s own scientists did not believe that “light” cigarettes delivered less tar and nicotine to human smokers as opposed to testing machines. Defendant concealed this knowledge from the public and the health community. Further, when defendant’s secret tests showed that “light” cigarettes produced tar that was higher in toxic substances and more mutagenic than the tar from regular cigarettes, defendant shut down its secret testing, concealed the test results, and continued to market its “light” cigarettes as a healthier alternative to regular cigarettes. Price v. Philip Morris Inc., No. 00-L-112 ¶¶ 55-58, 64-66, 70-74 (Cir. Ct. Madison Co.). The circuit court found as follows. There was no credible evidence to support defendant’s representations that Marlboro Lights and Cambridge Lights delivered lower tar and nicotine or were safer than regular Marlboros. Evidence supported the conclusion that Lights were actually more harmful and hazardous than their regular counterparts. Moreover, defendant was aware of the increased harm from these light cigarettes based on its own scientific testing. Despite this knowledge, defendant perpetuated and nurtured the false perception of “healthier smoking,” which led existing smokers to delay quitting, and motivated more nonsmokers to begin smoking. Id. ¶¶ 69-70."
"In this case, whether the prayer in plaintiffs’ section 2-1401 petition “to vacate the final judgment” is viewed as a request to the circuit court to vacate the December 15, 2005, judgment of this court, or a request to vacate the December 18, 2006, dismissal order on the merits, the result is the same: the circuit court was asked to do something it does not have the authority to do—vacate a judgment of a higher court. Accordingly, the circuit court erred in considering the merits of plaintiffs’ section 2-1401 petition. As relief was unavailable under that provision, the petition should have been dismissed. Vincent, 226 Ill. 2d at 8 (a section 2-1401 petition is subject to dismissal if, “ ‘on its face, it shows that the petitioner is not entitled to relief’ ” (quoting Klein v. La Salle National Bank, 155 Ill. 2d 201, 205 (1993))). We therefore vacate the judgments of the circuit and appellate courts and dismiss this cause of action."
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.
A group of smokers filed a class action against Philip Morris alleging that the company’s marketing of “light” and “lowered tar and nicotine” cigarettes violated certain fraud statutes. The trial court denied the company’s attempt to dismiss the case and awarded the smokers $10.1 billion. After numerous appeals, an Illinois court reinstated the case in 2014. In this decision, the Illinois Supreme Court rejected the appeals court’s decision (based on procedural reasons) and dismissed the class action, effectively ending the case.