Another Blow To Advertising Class Actions

Law360, New York (October 9, 2012, 1:42 PM EDT) -- A recent New Hampshire case provides yet another example of the difficulty of establishing predominance for class certification purposes in advertising/consumer deception cases. This time, the industry is one that is amply familiar with class action jurisprudence: the tobacco industry.

In Lawrence v. Philip Morris USA, the plaintiff alleged Philip Morris falsely represented that its “Marlboro Lights” cigarettes would deliver less tar and nicotine that other cigarettes. In reality, the plaintiff alleged, the “Lights” merely had filters with ventilation holes that would dilute the tar and...
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