Smokers' Marketing Action V. Philip Morris Revived

Law360, New York (January 3, 2011, 6:33 PM EST) -- A Minnesota appeals court has reinstated a class action brought by smokers accusing Philip Morris Inc. of fraudulently marketing Marlboro Lights by touting them as a healthier alternative to traditional cigarettes.

Minnesota Court of Appeals Judge Terri J. Stoneburner on Tuesday reversed a state trial court's decision to dismiss the claims against the cigarette maker, saying the class action satisfied the public benefit test required to bring a consumer protection suit in Minnesota — a condition the lower court had considered unmet.

While affirming the appeal...
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