"Federal courts have unanimously rejected class-action status in these [image-nocss] cases," said Murray Garnick, Altria Client Services senior vice president and associate general counsel, speaking on behalf of PM USA. "It simply is not possible to resolve these claims without determining why an individual smoker decided to purchase 'light' cigarettes. There are numerous individual issues that render a class action unsuitable for resolving this type of case."
In its ruling, the First U.S. Circuit Court of Appeals said it declined to review a November 24 decision of a district judge that denied class certification in four cases that were selected as sample cases for larger group of "lights" cases pending across the country.
In denying class certification, the district court stated, "Each state's class effectively includes everyone who purchased light cigarettes in the respective limitations periods, and this group necessarily includes class members who knew light cigarettes were not healthier than other cigarettes, notwithstanding defendants alleged representations to the contrary. Those class members were not injured by the defendants' misconduct and thus do not have standing. Furthermore, in view of the proliferation of information decrying the health risks of all cigarettes, there is no telling how many potential class members are similarly situated."
The case is In re Light Cigarette Marketing Sales Practices Litigation, a multi-district litigation in which pretrial proceedings in various "lights" cases are being coordinated in the U.S. District Court in Maine.
Richmond, Va.-based Philip Morris USA is an operating company of Altria Group Inc.
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