December 19, 2008 - Law firm files suit against Philip Morris USA, Inc. on behalf of a New York smoker who suffered economic damages as a result of the deceptive marketing of Marlboro Lights cigarettes. Class action status has been requested ‘to benefit all persons in the State of New York who bought Marlboro Lights’. The lawsuit was filed in the United States District Court for the Eastern District of New York. (Docket Number: 08-CV-5085).
The lawsuit alleges that, because of misrepresentations made by Philip Morris USA, the plaintiff and members of the class purchased Marlboro Lights cigarettes in order to benefit from a low tar, low nicotine alternative to regular cigarettes, but did not receive those benefits.
The U.S. Supreme Court on Monday, 12/15/2008 in a 5-4 decision ruled on Monday that a lawsuit involving ‘lights’ cigarettes brought under the Maine Unfair Trade Practices Act, Altria Group, Inc. v. Good, was not barred by federal law.
Murray Garnick, Altria Client Services senior vice president and associate general counsel: "While we had hoped for a dismissal of the Supreme Court case based upon federal pre-emption, it is important to note that the court made no finding of liability. We continue to view these cases as manageable, and the company will assert many of the strong defenses used successfully in the past to defend against this very type of case."
Reference: Parker Waichman Alonso LLP Files Suit Against Philip Morris USA, Inc. on Behalf of a New York Smoker Who Suffered Economic Damages as a Result of the Deceptive Marketing of Marlboro Lights Cigarettes, PRNewswire, 12/18/2008; ‘Lights’ case filed in New York, Tobacco Reporter, 12/19/2008.
Related news briefs: Nik Modi, tobacco analyst with UBS: Supreme Court Case "was a coin flip.."; U.S. Supreme Court Rules Against Big Tobacco..