Plaintiffs, two individuals and a certified class of persons, claimed that they were harmed by Philip Morris, Inc.’s alleged violation of the Illinois Consumer Fraud and Deceptive Business Practices Act by its use of "false and fraudulent" marketing practices for its tobacco products. Philip Morris denied the allegations, but the Circuit Court of Madison County, Illinois, awarded the plaintiffs compensation and punitive damages totaling $10.1 billion. The Circuit Court set the amount of an appeal bond at $12 billion but reduced it at Philip Morris’s request. Plaintiffs filed a motion to change the amount of the bond, arguing that the new amount would not be enough to cover the potential costs of appeal proceedings. The Appellate Court of Illinois, Fifth District, concluded that a decision would require resolution of factual issues and sent the case back to the circuit court to determine the sufficiency of the appeal bond.
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.
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.
Plaintiffs, two individuals and a certified class of persons, claimed that they were harmed by Philip Morris, Inc.’s alleged violation of the Illinois Consumer Fraud and Deceptive Business Practices Act by its use of "false and fraudulent" marketing practices for its tobacco products. Philip Morris denied the allegations, but the Circuit Court of Madison County, Illinois, awarded the plaintiffs compensation and punitive damages totaling $10.1 billion. The Circuit Court set the amount of an appeal bond at $12 billion but reduced it at Philip Morris’s request. Plaintiffs filed a motion to change the amount of the bond, arguing that the new amount would not be enough to cover the potential costs of appeal proceedings. The Appellate Court of Illinois, Fifth District, concluded that a decision would require resolution of factual issues and sent the case back to the circuit court to determine the sufficiency of the appeal bond.