TOBACCO CONTROL LAWS

Cleary v. Philip Morris USA

A class of Illinois residents sued several tobacco companies under Illinois' Consumer Fraud Act, alleging in the original complaint and in a third amended complaint that Philip Morris deceptively and falsely marketed Marlboro Lights as presenting fewer health risks than other cigarettes.  In the time period between the original and third amended complaints, plaintiffs had moved for dismissal of the lights allegations, maintaining that the matter was addressed by a separate class action before another court.  Although the separate class action subsequently was dismissed as preempted by federal law, the U.S. Supreme Court later invalidated the grounds for dismissal.  Upon motion by the defendants to dismiss the lights allegations in the third amended complaint, the Court vacated the prior dismissal and reinstated the original claim regarding Marlboro Lights, finding that the claim was not precluded by the separate class action because the intervening U.S. Supreme Court decision materially altered the situation.

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Cleary, et al. v. Philip Morris USA, Inc., et al., 683 F. Supp. 2d 730 (N.D. Ill. 2010).

  • United States
  • Jan 13, 2010
  • U.S. District Court for the Northern District of Illinois, Eastern Division
View Case History

Parties

Plaintiff

  • Brian Cleary
  • Others similarly situated
  • Rita Burke

Defendant

  • Others
  • Philip Morris USA, Inc.

Legislation Cited

Related Documents

None

Type of Litigation

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

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.

Preemption
The subject matter of the case should be dealt with at a state level or national level.
Procedural Defect
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

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