Philip Morris Wards Off Class Cert. In False Marketing Case

Law360, New York (January 7, 2014, 2:15 PM EST) -- A Hawaii federal judge on Monday denied class certification to Marlboro Lights smokers claiming Philip Morris USA Inc. fraudulently marketed the brand as safer than regular cigarettes, saying that class members chose and smoked Lights in differing ways.

U.S. District Judge Derrick C. Watson determined that members of the proposed class hadn't exhibited consistent behavior in their purchasing decisions or smoking habits that would allow their injuries to be adjudicated on a classwide basis under Rule 23(b)(3)’s predominance requirement.

The judge cited evidence indicating that many...
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