Victory for Light Cigarette Smokers Tobacco Class Actions Certified Against Philip Morris and R. J. Reynolds for Deceptive Marketing and Advertising Practices
A Missouri court certified two classes of Missouri residents in fraudulent misrepresentation matters on December 31, 2003: one class purchased Marlboro Lights from Philip Morris Companies and the other purchased Salem Lights, Winston Lights, Camel Lights or Camel Special Lights from R. J. Reynolds. In a separate opinion, the Court also denied Philip Morris' motion for summary judgment where plaintiffs' claim defendants violated the Missouri Merchandising Practices Act by falsely representing that Marlboro Lights deliver less tar and nicotine than regular Marlboros and plaintiffs are entitled to economic damages sustained as a result of defendants' deceptive practices and purchasing the misrepresented product.
Philadelphia (PRWEB) January 15, 2004
The questions in dispute are whether the marketing and advertising practices of Philip Morris and R. J. Reynolds violate the Missouri Merchandising Practices Act and whether the defendants' cigarettes actually failed to deliver lower yields of tar and nicotine compared the regular Marlboros.
In Dayna Craft, et al vs. Philip Morris and Collora, Klipsch and Mueller, et al vs. R. J. Reynolds Tobacco Company, the Court designated plaintiffs counsel, Mark I. Bronson of Newman, Bronson & Wallis and Stephen M. Tillery of Carr Korein Tillery, from St. Louis, Missouri, Stephen A. Sheller, Esquire, of Philadelphia-based Sheller, Ludwig & Badey, P. C., and Gerson H. Smoger of Smoger & Associates from Dallas, Texas as class counsel.
In Dayna, plaintiffs specifically allege that when they purchased Marlboro Lights, they "suffered economic harm by failing to receive the qualities and economic value promised to them: a low tar, low-nicotine cigarette." Plaintiffs' claim defendants violated the Missouri Merchandising Practices Act by falsely representing that Marlboro Lights deliver less tar and nicotine than regular Marlboros and plaintiffs are entitled to economic damages sustained as a result of defendants' deceptive practices and purchasing the misrepresented product
According to Judge Michael P. David, of the 22nd Judicial Circuit Court of Missouri, "although the price paid [for the Marlboro Lights] and the value the item would have had if it had been in the condition as represented are often one and the same (e. g., a consumer pays $500 for a counterfeit Rolex watch that would, indeed, have been worth $500 if it had been a real Rolex), there is no such necessary relationship." In fact, the Court goes on to say that "there can be no assumption [under Missouri law] that the purchase price plaintiff[s] paid for [their] Marlboro Lights represents the value that the product would have had if it had truly been as represented: a low tar, low-nicotine cigarette." Therefore, the Court concluded, that "Plaintiff[s have] a very plausible chance of proving such ascertainable losses and damages."
Judge David said, "logic and reason suggest that a true low-tar, low-nicotine cigarette very probably would have had an economic worth and value greater (perhaps even considerably greater) than a comparable non-low tar, low nicotine cigarette, due to the health reassurance factor--due to the added value that would be inherent in a less toxic, less harmful, 'safer' cigarette."
Plaintiffs' counsel, Stephen A. Sheller, said, "This is a significant victory for defrauded Light cigarette smokers in a majority of states across the country. For purposes of this case, the Judge acknowledged that the defendants admitted that Marlboro Lights deliver no less tar and nicotine then regular Marlboros, even though defendants falsely represented that they did. Both cigarettes cost the same but Marlboro Lights were fraudulently marketed as being less harmful which is just not true."
Sheller successfully co-argued with Stephen Tillery the Illinois class certification in the $10.1 billion verdict against Philip Morris in March 2003 which is currently pending appeal. "Light cigarette" cases are pending in at least 11 other states. Mr. Sheller and co-counsel, Gary Farmer have been appointed by the Court as lead counsel for the Florida class.
Sheller Ludwig & Badey (www. sheller. com) attorneys represent individuals and classes across the United States suffering from a diverse range of injuries resulting from medical treatment to defective products and machines to unfair business practices. The firm also has an active and diverse practice representing labor unions.
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