Jump to full article: Associated Press (AP), 2005-08-17
Author: JIM SUHR / Associated Press
Intro: A Missouri appeals court has ruled that a lower court appropriately certified as a class-action case a lawsuit accusing Philip Morris USA of misleading smokers about the health risks of its so-called "light" cigarettes.
Tuesday's ruling by the Missouri Court of Appeals was cheered by attorneys who pressed a similar lawsuit in Illinois against the cigarette maker, which in that case was ordered to pay a $10.1 billion consumer-fraud judgment. Philip Morris - now part of Altria Group Inc. - has appealed that to the Illinois Supreme Court.
Tuesday's ruling upheld St. Louis Circuit Judge Michael David's decision last year to let the Missouri lawsuit's original plaintiffs represent potentially thousands of other smokers of light cigarettes. Both Missouri rulings essentially found a class-action format appropriate in dealing with claims that Philip Morris misled smokers into thinking light cigarettes were less harmful than regular ones, violating Missouri's Merchandising Practices Act. . . .
William Ohlemeyer, Philip Morris' vice president and associate general counsel, said in a written statement that the company will ask Missouri's Supreme Court to review Tuesday's ruling, saying that "for a variety of reasons, the company believes the law doesn't allow cases like this to be treated as a class action."
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