Jump to full article: Associated Press (AP), 2004-08-14
Author: Theo Emery / Associated Press
Intro: The state's highest court ruled yesterday that smokers of so-called "light" cigarettes can pursue a class-action lawsuit against Philip Morris USA, based on the smokers' claim that the tobacco giant advertised Marlboro Lights as less harmful than other brands.
The Supreme Judicial Court's 4-3 decision marks the first time any state's high court has allowed smokers to go forward with a class action against the industry over the marketing of light cigarettes. Class-action status means smokers with similar complaints against Philip Morris can join the suit and potentially be included in a monetary judgment against the company.
Steve Sheller, a lawyer in the case who is also pursuing similar class-action lawsuits across the country, called the SJC ruling "the most important decision in tobacco litigation in many a year" because 90 percent of cigarettes sold in the country are marketed as "light." . . .
While the SJC ruling will only directly affect the lawsuit by Massachusetts smokers who sued Philip Morris, it will likely influence courts in other states that have not yet decided the issue of class certification, Gottlieb said.
"This is a pivotal decision," he said. "Had it gone the other way, I think it would similarly have been quite influential."
Philip Morris argued that proof of damage was needed for each individual smoker, but the court rejected that argument, saying it would "eviscerate (the state's consumer protection law) as a remedy to abate this deceptive advertising."
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