Jump to full article: St. John's (Nfl) Telegram (ca), 2009-11-17
Author: BARB SWEET The Telegram
Intro: The application for certification was filed by Ches Crosbie on behalf of Victor Todd Sparkes - the class action's representative plaintiff - against Imperial Tobacco Canada Ltd., Imperial Tobacco Company Ltd. and the Attorney General of Canada.
Sparkes' lawyers claimed the tobacco companies descriptions of "light" and "mild" as well as other descriptive terms were part of a deliberate misinformation campaign by the tobacco manufacturer to mislead and deceive the public into thinking the use of such products would have less harmful effects than smoking "regular" cigarettes.
But Supreme Court of Newfoundland and Labrador Justice James Adams said in 2008 the plaintiff failed to establish a cause of action under the federal Trade Practices Act. Adams denied the certification on the basis consumer Victor Sparkes did not buy the cigarettes directly from Imperial Tobacco. But the matter is being heard again by the Court of Appeal Wednesday and Thursday.
Crosbie argues people can't buy cigarettes directly from the supplier.
Lewis originally joined the class action because it sounded like his life story.
"We were blindsided. We were misled and taken advantage of. ... At the end of the day, I wanted to quit. I thought the switch to light cigarettes was going to help me take that edge off from smoking regular cigarettes," Lewis said.
"So they had me. I couldn't win."
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