Interprets state proposition in favor of consumers
Jump to full article: Consumer Affairs, 2009-05-19
Author: Jon Hood ConsumerAffairs.com
Intro: The California Supreme Court reinstated a class action lawsuit against tobacco manufacturers on Monday, giving consumers the go-ahead to sue for fraudulent advertising they allege hid the harmful effects of tobacco use. . . .
From a practical standpoint, to require all potential class members to show personal loss would be impossible, and would effectively end fraud-based class actions in California. Indeed, the suit at issue potentially involves millions of consumers affected by the alleged fraud.
The case has been remanded to the Court of Appeals for further proceedings. The suit was filed in 1997 by lead plaintiff Willard Brown. The class was granted by a San Diego County Superior Court judge in 2001, who subsequently decertified the class after Prop 64's passage. The decertification was affirmed by the Court of Appeals in 2006.
In addition to the count under Prop 64, the suit alleges a violation of California's false advertising law. The action seeks an injunction and damages.
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