Antitrust Law Daily Wrap Up, ADVERTISING NEWS: Philip Morris wins Marlboro Lights marketing class action jury trial, (Apr 11, 2016)
Law Firms Mentioned:Cohen, Milstein, Hausfeld & Tool, PLLC | Korein Tillery | Lewis Rice & Fingersh | Newman Bronson & Wallis | Smoger & Associates, P.C. | Swedlow & Associates
Organizations Mentioned:Altria Group | Cohen Milstein Hausfeld & Toll, PLLC | Haar & Woods, LLP | Korein Tillery, LLC | Lewis Rice, LLC | Philip Morris Companies, Inc. | Winston & Strawn, LLP
By Linda O’Brien, J.D., LL.M.
On April 7, a jury in the Missouri Circuit Court in St. Louis returned a verdict in favor of tobacco manufacturer Philip Morris, rejecting claims by cigarette consumers that the company made misrepresentations in the marketing of its “light” cigarettes (Craft v. Philip Morris Companies, Inc., Case No. 002-00406-02).
In February 2000, a group of consumers filed suit against Philip Morris Companies, Inc., alleging that the company packaged and sold its Marlboro Lights cigarettes as “light” and represented having decreased tar and nicotine. The consumers claimed that Philip Morris falsely advertised that the cigarettes delivered lower tar and nicotine, but failed to disclose that Lights (1) contained ventilation holes that diluted the tar and nicotine per puff; (2) failed to disclose that it intentionally manipulated the design and content of Lights in order to maximize nicotine delivery; (3) failed to disclose that it intended to fool the machine tests with these design changes; and (4) failed to disclose that the design changes increased the harmful effects of tar. The complaint alleged violations of the Missouri Merchandising Practices Act.
In a unanimous judgment, the jury found in favor of Philip Morris, rejecting the consumers’ claims for compensatory and punitive damages.
“The jury correctly rejected plaintiffs’ allegations of misrepresentation and damages,” said Murray Garnick, Altria Client Services senior vice president and associate general counsel, in a press release issued by Philip Morris’ parent company, Altria Group, Inc. “Over the years, we have been very successful in defending these cases on a variety of legal grounds.”
Attorneys: Mark I. Bronson (Newman Bronson & Wallis), Michael D. Hausfeld (Cohen, Milstein, Hausfeld & Tool, PLLC), Stephen M. Tillery (Korein Tillery), Gerson H. Smoger (Smoger & Associates, P.C.), and Stephen A. Swedlow (Swedlow & Associates) for Dayna Craft. Barry Short (Lewis Rice & Fingersh), Kevin J. Narko (Winston & Strawn, LLP), and Robert T. Haar (Haar & Woods, LLP) for Philip Morris Companies, Inc.
Companies: Philip Morris Companies, Inc.
News: Advertising StateUnfairTradePractices MissouriNews