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2004-1824. Marrone v. Philip Morris USA, Inc., 2006-Ohio-2869.
Jump to full article: Supreme Court of Ohio, 2006-06-14
Intro: Medina App. No. 03CA0120-M, 2004-Ohio-4874. Judgment reversed.
Moyer, C.J., Lundberg Stratton, O'Connor and O'Donnell, JJ., concur.
Grady and Lanzinger, JJ., concur in part and dissent in part.
Pfeifer, J., dissents. . . .
A consumer may qualify to file a class action lawsuit against a business under Ohio's Consumer Sales Practices Act (CSPA) only if the business's alleged violation of the act is “substantially similar” to an act or practice previously declared to be deceptive in a published court decision or an attorney general's rule, under a ruling today by the Supreme Court of Ohio.
The decision, authored by Justice Evelyn Lundberg Stratton, reversed lower court rulings holding that Catherine Marrone and Greg and Eva Phillips of Medina had met the prerequisites to institute a class action suit against Philip Morris USA, Inc. (PMI) under the Ohio CSPA. In its opinion, the Court addressed the narrow issue of whether PMI had sufficient advance notice that its alleged conduct was deceptive.
Marrone, Phillips and other individuals filed suit collectively seeking damages from PMI, alleging that the company had deceptively marketed “light” versions of its popular Marlboro and Virginia Slims brands as a safer “low tar” alternative to its “regular” cigarettes.
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