Deprecated: Assigning the return value of new by reference is deprecated in /nfs/c01/h06/mnt/13497/domains/freshstartmethod.com/html/blog/wp-settings.php on line 512

Deprecated: Assigning the return value of new by reference is deprecated in /nfs/c01/h06/mnt/13497/domains/freshstartmethod.com/html/blog/wp-settings.php on line 527

Deprecated: Assigning the return value of new by reference is deprecated in /nfs/c01/h06/mnt/13497/domains/freshstartmethod.com/html/blog/wp-settings.php on line 534

Deprecated: Assigning the return value of new by reference is deprecated in /nfs/c01/h06/mnt/13497/domains/freshstartmethod.com/html/blog/wp-settings.php on line 570

Deprecated: Assigning the return value of new by reference is deprecated in /nfs/c01/h06/mnt/13497/domains/freshstartmethod.com/html/blog/wp-includes/cache.php on line 103

Deprecated: Assigning the return value of new by reference is deprecated in /nfs/c01/h06/mnt/13497/domains/freshstartmethod.com/html/blog/wp-includes/query.php on line 61

Deprecated: Assigning the return value of new by reference is deprecated in /nfs/c01/h06/mnt/13497/domains/freshstartmethod.com/html/blog/wp-includes/theme.php on line 1109
Stop Smoking Hypnosis in 1 Hour with Fresh Start Guaranteed Quit Smoking Hypnosis

Massachusetts Okays Cigarette Class Action Against Philip Morris

The Massachusetts Supreme Judicial Court unanimously ruled that smokers can pursue misleading advertising

by cigarette manufacturers under the state's deceptive marketing laws. The decision clears the way for a 10-year-old lawsuit against Philip Morris, claiming that Marlboro's use of "light" and "low tar" branding for certain cigarettes

was deceptive.

The plaintiffs argue that so-called "light" cigarettes ultimately provide consumers with the same amount of tar and nicotine as regular cigarettes, since smokers compensate for the lower levels by taking longer, deeper puffs.

Philip Morris argued that the Massachusetts laws were preempted by federal legislation (when federal and state laws clash, federal law always takes precedence). Specifically, the defendants said that the consumer protection laws were preempted by the 1965 Federal Cigarette Labeling and Advertising Act, which forbids states from regulating health-related cigarette advertising. They also argued that the Federal Trade Commission (FTC) allows the use of terms like "light" and "low tar" on cigarette packaging. The court rejected both arguments.

The decision comes on the heels of a similar opinion from the U.S. Supreme Court in December. In Altria v. Good, the high court held that the Cigarette Labeling and Advertising Act did not preempt a Maine unfair business practice law. In that suit, too, the plaintiffs claimed that they compensated for lower levels of tar and nicotine by inhaling more deeply, and for longer periods of time.

That decision gave the go-ahead to more than a half-dozen cigarette class actions. However, these suits can still face legal hurdles. In April 2008, the Second Circuit Court of Appeals threw out a similar suit, claiming that it was impossible to generalize about why smokers chose light cigarettes. The court surmised that consumers might be "unaware of that representation, preferred the taste of lights, or chose lights as an expression of personal style." There, the court ruled that any suits would have to proceed individually, not as a class.

The Second Circuit decision also cited a study finding that smokers continued to buy light cigarettes, even after a 2001 National Cancer Institute study found that they were no safer than standard cigarettes.

Philip Morris insists in a statement that the plaintiffs' claims are still weak. The company argues that consumers paid the same price for Marlboro Lights as they would have for "full-flavored" Marlboros. Additionally, the company says that many class members are still smoking Marlboro Lights, undermining their claim that they were damaged by the advertising.

In 1998, Philip Morris signed a settlement agreement with 46 states, in which they agreed to pay roughly $200 billion over 25 years to address health-care reimbursements and other expenses. The settlement also contained restrictions on cigarette advertising, including a ban on logo-branded clothing and cartoon characters like the late Joe Camel.

Tags: , , , , , ,

2 Responses to “Massachusetts Okays Cigarette Class Action Against Philip Morris”

  1. hello there and thank you for the info - I have absolutely picked up something totally new from your site. I however came upon some technical problems using this website. I was thinking about if your hosting is alright? Not I’m filing a complaint, however sluggish loading times could likely impact your ranking in the search engines and can harm your high-quality content here. Well I’m adding your Feed to my reader and can look forward to more of your interesting content..

  2. hello and thanks for your information — I have surely found new things through your blog. I nonetheless found a few onsite issues using this blog. I was wondering if your web hosting service is fine? Not I am complaining, but slow loading times could probably affect your position in the search engines and can damage your good quality articles on this blog. Anyway I will be putting your Feed to my personal feed reader and will look for more of your interesting articles..

Leave a Reply