Jump to full article: Wisconsin Law Journal , 2008-12-19
Author: David Ziemer
Intro: In light of the U.S. Supreme Court opinion last week in Altria Group v. Good, Wisconsin consumers can plausibly sue tobacco companies under at least two different statutory provisions, sec. 100.20 and sec. 100.18.
Section 100.20, entitled "Methods of competition and trade practices", provides generally, "(1) Methods of competition in business and trade practices in business shall be fair.
Unfair methods of competition in business and unfair trade practices in business are hereby prohibited."
This is, for all material purposes, identical to the Maine statute at issue, which provides, "Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are declared unlawful." Me.Rev.Stat.Ann., Tit. 5, sec. 207.
However, sec. 100.18 of the Wisconsin statutes, entitled "Fraudulent representations," is even more applicable to suits alleging that the marketing of light cigarettes is misleading . . .
The downside to suing under sec. 100.18 is that it contains a three-year statute of repose, and the discovery rule does not apply, limiting the potential damages, and the number of potential plaintiffs. . . .
One problem consumers are likely to face should they bring similar suits in Wisconsin is that the "unconscious" and "unknowing[]" behaviors described above are frequently not unconscious or unknowing.
Many smokers of light cigarettes who engage in these nicotine-enhancing behaviors do so "unconsciously" only in the respect that, having consciously done so for so many years, the behaviors become subconscious.
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