Buyers of light cigarettes in British Columbia sought class action status in a lawsuit against Imperial Tobacco Canada claiming that the company’s advertising attempted to deceive the public into thinking that light cigarettes were less harmful than regular cigarettes in violation of a consumer protection law. The court affirmed class certification, agreeing that there were sufficient issues common to the class. Specifically, the court found that the question of whether Imperial engaged in deceptive practices in advertising light and mild cigarettes could be tried without reference to the circumstances of the individual class members. However, the court limited the time period of the class to claims after May 8, 1997 for two of the claims relating to the amount of damages that should be awarded.
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.
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.
Buyers of light cigarettes in British Columbia sought class action status in a lawsuit against Imperial Tobacco Canada claiming that the company’s advertising attempted to deceive the public into thinking that light cigarettes were less harmful than regular cigarettes in violation of a consumer protection law. The court affirmed class certification, agreeing that there were sufficient issues common to the class. Specifically, the court found that the question of whether Imperial engaged in deceptive practices in advertising light and mild cigarettes could be tried without reference to the circumstances of the individual class members. However, the court limited the time period of the class to claims after May 8, 1997 for two of the claims relating to the amount of damages that should be awarded.