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Philip Morris USA was ordered to pay $4.94 million plus interest for “deceptive” marketing of Marlboro Light cigarettes in Massachusetts state court.
In a class action lawsuit spanning 17-years, the plaintiffs claimed that smokers were deceived by false advertising practices into buying what they thought was a safer cigarette.
The 197,000 Marlboro Lights smokers will get $25 each plus interest — the smokers’ attorneys had sought $600 million from Altria Group Inc.’s Philip Morris USA — after a Massachusetts judge found that Philip Morris falsely advertised that their Marlboro Lights cigarettes contained less tar and nicotine causing consumers to overpay for the product.
Superior Court Judge Edward P. Leibensperger released his 41-page decision on Feb.15, finding that smokers had “paid too much for the misrepresented cigarette” but that their attorneys were unable to prove that the smokers shared similar injuries beyond overpaying. Although Marlboro Lights were just as harmful as Marlboro Reds, the judge stated, “I have no evidential basis for quantifying the actual damages of each class member.”
The judge, who reached his ruling after hearing evidence for five weeks during a bench trial last year, rejected the plaintiffs’ attempt to quantify the injury through a questionnaire asking smokers what they would have paid for an imaginary cigarette that was safer.
The plaintiffs’ lawyer Tom Urmy said the class will appeal the judge’s decision not to order Philip Morris to give up $68 million in pretax profits on sales of Marlboro Lights in Massachusetts. “The defendant should not be allowed to profit from a marketing fraud,” Urmy said.
With interest, the award increases to $15.1 million, according to attorneys involved in the case.
Since the Massachusetts case was filed in 1998, courts have narrowed the scope of class action litigation. In a similar case against Philip Morris, the Illinois Supreme Court last year threw out a $10 billion award made in 2003 to buyers of Marlboro Lights. The Food and Drug Administration banned the use of the label “Light” in 2010.
According to the judgment, the Philip Morris Marlboro Lights class action lawsuit award would be open to all Class Members in the U.S. who purchased Marlboro Lights cigarettes between 1994 and 1998. Each Class Member will receive statutory amount of $25 for a total of $4,942,500, plus prejudgment interest and attorney’s fees.
The plaintiffs are represented by Thomas V. Urmy Jr., Ian McLoughlin and Michelle Blauner of Shapiro Haber & Urmy LLP.
The Philip Morris Marlboro Lights Class Action Lawsuit is Aspinell v. Philip Morris USA Inc., Case No. SUCV1998-06002, in the Superior Court of Massachusetts, Suffolk County.
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70 thoughts onJudge Awards $4.9M to Smokers in Philip Morris Class Action
Everyone who inquires on this or any comment area…. this website just provides a DIRECTORY of class action lawsuits. This website does not handle, administer, pay out or have anything to do with the actual lawsuits. Asking for specifics here is as effective as yelling into the sky. I do not understand how this is not obvious – for this is outlined on each and every page on the site, however, it continues on. Specific case related questions and/or inquiries must be directed to the lawsuit administrator which is provided in the above article. If there is NO contact information, that means the lawsuit has not yet been settled on and is not yet open for claims. This one as of todays date is merely an informational article letting you know that there will be a settlement forthcoming. I am trying to say this in the plainest language possible and to prevent wasting your time, energy, not to mention this sites administrators and the other readers who see this over and over and over again. It baffles me, although does not surprise me at all.
I had a stroke in 2000. The Dr. said it was because of smoking.!!!!. I live in Il
I’ve smoked them for years & continue to do so. I live in NY. Please contact me to let me know how I can become part of this Class Action Suit. Thank you.
i have smoke marlboro lights for years i reside in N.Y can i join on this law suit
I’m glad I quit 9 years ago. For all the people who suffer the long term affects I sincerely wish you the best. COPD is no joke. Quite if you can.
Would like to be added to the lawsuit
smoked these for years would like to be added to this lawsuit please.
I also smoked these for years. And always thought lights were better than the regular. Wow $25.00. I now have serve COPD and can no longer work because of these wonderful light cigs. I would like to at least get something from this company now that my life is ruined.
How do I get in on this lawsuit?
I smoke these healthier buttstock for years.