Jump to full article: AP, 2005-12-20
Author: CARRIE SPENCER GHOSE Associated Press Writer
Intro: Ohio companies are siding with Philip Morris USA Inc. in a lawsuit over light cigarettes, saying success by the suing smokers would make the state a magnet for class action lawsuits of all kinds.
At issue is the class action status granted two northeast Ohio smokers for their claim that the tobacco company knew cigarettes it marketed as having less tar and nicotine would be as dangerous as regular smokes.
The cigarette maker has asked the Ohio Supreme Court to strike down the class action status, saying Ohio law requires a more specific warning from the state on a company's marketing practices before allowing such lawsuits. . . .
The Ohio Chamber of Commerce, Ohio Manufacturers Association and other trade groups warn that Ohio's economy may be at risk if the case is allowed to be a class action. . . .
"Whether you're selling iPods or automobiles or gasoline or cigarettes, a knowing misrepresentation is clearly covered," Charles Saxbe, attorney for the smokers, said in arguments before the court in October.
Philip Morris attorney Irene Keyse-Walker called that an unfair characterization of her argument. She said the cigarette case is different from the car case because the performance of the cigarettes depends on how the consumer uses them.
Ohio Justice Evelyn Lundberg Stratton told Saxbe she was struggling with his argument.
"This is going to affect every single business," she said. "We have a very specific rule, and you're urging a very general construction of it."
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