Ark. Judge Will Certify Marlboro Lights Class Action Lawsuit

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On Tuesday, Oct. 22, an Arkansas judge said he will certify a class action lawsuit accusing Philip Morris USA Inc. of deliberately exaggerating the safety of its Marlboro Lights cigarettes.

The plaintiffs initially filed the class action lawsuit against Phillip Morris in 2003, accusing the company of violating the Arkansas Deceptive Business Practices Act by advertising Marlboro Lights as a safer alternative to regular cigarettes, even though there is no evidence to suggest there is any benefit to smoking light cigarettes. According to the class action lawsuit, light cigarettes may actually be more harmful because smokers may be driven to smoke more cigarettes in attempt to ingest the amount of nicotine they crave.

According to the class action lawsuit, plaintiffs Wayne Miner and James Easley smoked about two packs of Marlboro lights a day until 2000. Two of the original plaintiffs, Lisa Watson and Loretta Lawson, have withdrawn from the class action lawsuit.

Philip Morris argued that the lawsuits should be filed individually because people purchased the cigarettes for a variety of different reasons, including the taste, packaging or the reputation of Marlboro Lights. Pulaski County Circuit Court Judge Tim Fox disagreed with Philip Morris, finding that certification of the class action lawsuit was appropriate.

Last month, a number of agencies filed an amicus brief in support of the plaintiffs’ motion for class certification. These agencies included the Campaign for Tobacco-Free Kids, the American Lung Association and the American Cancer Society Cancer Action Network. They argued: “Whether or not Philip Morris’s campaign was ‘likely to deceive’ Arkansas consumer depends principally upon the deceptions themselves and the manner in which they were communicated. Such an issue appears suitable for determination on a classwide basis.”

The plaintiffs are seeking a refund for every pack of Marlboro Lights sold in Arkansas from November 1971 through 2010. Class Members include all individuals who purchased Marlboro Lights in Arkansas during this period. In 2009, Congress passed the Family Smoking Prevention and Tobacco Control Act, prohibiting tobacco companies from marketing “light” or “low-tar” cigarettes. In 2010, Marlboro Lights were renamed Marlboro Gold and Ultra Lights were renamed Marlboro Silver.

This class action lawsuit is by no means the first of its nature to be filed against Phillip Morris. Numerous class action lawsuits with similar allegations have been filed against Philip Morris, with a wide range of outcomes. Many of these cases were filed more than a decade ago but, due to jurisdictional and other procedural issues, are still pending in state and federal courts.

A Philip Morris representative said that the company plans to appeal Judge Fox’s decision to the Arkansas Supreme Court.

The plaintiffs are represented by Thomas P. Thrash and Marcus N. Bozeman of Thrash Law Firm PA; John W. “Don” Barrett and Brian K. Herrington of Don Barrett PA; and Ben Barnow of Barnow & Associates PC, among others.

The Marlboro Lights Class Action Lawsuit is Wayne Miner, et al. v. Philip Morris Cos. Inc., Case No. 60CV-03-4661, in the Circuit Court of Pulaski County, Arkansas.

UPDATE: A website has been established with more information about the Marlboro Lights class action lawsuit. Class Members who wish to exclude themselves from the class action lawsuit must do so no later than Jan. 13, 2016. A trial is scheduled to begin in August 2016. Click here or visit www.MarlboroLightsClass.com for details.

UPDATE 2: The Marlboro Lights class action settlement is now open! Click here to file a claim!

UPDATE 3: On April 17, 2017, Top Class Actions viewers started receiving checks in the mail worth as much as $7,888! Congratulations to all our readers who filed a claim and got paid!