Cigarette Smokers Lose Unjust Enrichment Class Action Lawsuit Against Phillip Morris Over Tobacco & Cigarette Advertising.
The Seventh Circuit Court of Appeals has affirmed the dismissal of a class action lawsuit filed against Philip Morris, Incorporated (“Philip Morris”) and several other tobacco companies and tobacco-related entities (“defendants”) in the United States District Court for the Northern District of Illinois (styled Brian Cleary et al v. Phillip Morris Incorporated et al, Class Action Case No. 09-CV-1596) on behalf of Illinois residents who bought or smoked cigarettes, alleging, among other things, that for years the tobacco companies conspired to conceal the facts about the addictive and dangerous nature of cigarettes by intentionally using incomplete, misleading, or untruthful marketing and advertising, according to the Philip Morris tobacco smoke class action lawsuit appeal decision.
The Seventh Circuit Court of Appeals reportedly affirmed the district court’s holding in the Philip Morris Tobacco smoke class action lawsuit that the unjust enrichment claim, as alleged by the plaintiffs, was not viable since a violation of the consumer’s legal right to know about a product’s risks, without anything more, cannot support an unjust enrichment claim against the product’s manufacturer.
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