Navigation Links
First Circuit Court of Appeals Rules Against Philip Morris in 'Lights' Class Action
Date:9/5/2007

BOSTON, Sept. 5 /PRNewswire/ -- On Friday, August 31, 2007, the First Circuit Court of Appeals reinstated a class action lawsuit brought by Maine residents against Philip Morris by unanimously rejecting Philip Morris' argument that the claims were preempted by federal law. The case challenges the cigarette company's representations that certain brands of its cigarettes are "light" or have "lowered tar and nicotine," alleging that Philip Morris, USA, Inc., and its parent company, Altria Group, Inc., violated Maine Unfair Trade Practices laws by engaging in unfair and deceptive acts or practices. The plaintiffs allege that the so-called "light" cigarettes are deceptively designed and marketed to the public, and that a smoker consumes the same quantities of tar and nicotine from light cigarettes as from full-flavored, or "regular," ones.

In this case, and in other cases around the country, Philip Morris challenged the claims on the ground that the Federal Cigarette Labeling and Advertising Act and the FTC's actions preempted the state law claims brought under the state consumer protection statutes, essentially arguing that only branches of federal government could bring actions against the tobacco companies for deception. While the Maine district court dismissed the class action suit on this basis in May 2006, Judge Jeffrey R. Howard, who wrote the unanimous opinion, said that Philip Morris' arguments were "unavailing."

In his 68 page opinion, Judge Howard also noted that despite Philip Morris' contention that was a coherent federal policy that barred state law, low-tar claims, this was expressly contradicted by a Supreme Court filing by the United States Solicitor General in 2006, which stated that the FTC "has never promulgated definitions of terms such as 'light' and 'low tar' and that its previous statements purporting to define them 'did not reflect an official regulatory position.'"

Gerard Mantese, lead attorney for the plaintiffs, commented, "the Court of Appeals categorically rejected Philip Morris' assertion that cigarette companies have an immunity for fraud," adding, "we now look forward to presenting the merits of this case to a Maine jury."

Mr. Mantese's firm, Mantese and Rossman, P.C., is also representing plaintiffs in "lights" class actions currently pending in Arkansas and New Mexico.

Link to Court Opinion:

http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=06-1965.01A


'/>"/>
SOURCE Mantese and Rossman, P.C.
Copyright©2007 PR Newswire.
All rights reserved

Related medicine news :

1. First Vaccine Designed for Africa Cleared for Testing in Humans
2. Infant receives first bloodless liver transplant
3. Oracle Corp. to help build worlds first "Digital Hospital"
4. Ajanta Launches Worlds First Once-A-Day Nimesulide Oral Formulation
5. First human clone is near
6. First Artificial Heart patient has Major setback
7. First global SARS meet opens
8. Launch Of India’s First Virology Course At Pun
9. FDA approves first pocket-sized EKG machine
10. First head-to-head trials of once weekly Fosamax and Actonel therapies
11. WHO Declares Vietnam First Country to Control SARS
Post Your Comments:
*Name:
*Comment:
*Email:
(Date:8/17/2017)... (PRWEB) , ... August 17, 2017 , ... Advice Media, the industry leader in digital ... companies in North America and has been included in the Inc. 5000 for the second ... honored to be included in the Inc. 5000 rankings for the second year in a ...
(Date:8/17/2017)... (PRWEB) , ... August 17, 2017 , ... A recent ... to the biopharmaceutical industry in 2016 cited deficiencies in data integrity. The FDA outlines ... Part 11 ruling. , Presented as part of the Beckman Coulter Life ...
(Date:8/16/2017)... ... August 16, 2017 , ... The next Patient Care ... accepted. , Students who successfully complete the seven-week long Patient Care Academy are ... (CNA). The average starting salary for a CNA in Kalamazoo is $24,428.* , As ...
(Date:8/16/2017)... ... August 16, 2017 , ... Greenfield Advisors is honored to be named to ... second year in a row. The Inc. 5000 list honors private businesses across the ... on the list once is a great accomplishment, but for us to be included ...
(Date:8/16/2017)... , ... August 16, 2017 , ... Any Lab ... 5000. The company ranked #4429 on the newly released, 36th annual Inc. 5000 ... a unique look at the most successful companies within the American economy’s most dynamic ...
Breaking Medicine News(10 mins):
(Date:8/8/2017)... 2017  BioLineRx Ltd. (NASDAQ/TASE: BLRX), a clinical-stage biopharmaceutical ... financial results for the second quarter ended June 30, ... quarter 2017 and to date: ... for the Company,s lead project, BL-8040: ... BL-8040 as novel stem cell mobilization treatment for autologous ...
(Date:8/7/2017)... 2017 Diplomat Pharmacy, Inc. (NYSE: DPLO ... as president, effective Aug. 7, 2017. ... pursue other interests and will serve as president emeritus during ... served us in multiple leadership roles since he joined Diplomat ... and has provided decisive, strategic leadership which continues to benefit ...
(Date:8/4/2017)... , Aug. 3, 2017  Agragen, LLC, a ... active in the biopharmaceutical, nutraceutical, and aquacultural feed ... of its lead drug candidates, AGR131.  This drug ... cytokine from the blood of patients suffering from ... inflammatory bowel disease. ...
Breaking Medicine Technology: