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.”
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.
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.”