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Philip Morris Tobacco Smoke & Cigarette Class Action Lawsuit Dismissal Affirmed By United States Court of Appeals For The Seventh Circuit

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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{ 2 comments… add one }
  • Robert J. Nihill September 21, 2011, 12:49 pm

    I have been smoking since 1956, Now I have COPD ! What can I Do to make Phillip Morris Pay They gave us Kids free smokes in the 50s

  • Linda October 12, 2011, 3:57 pm

    I had most of my right lung removed from cancer of the lung. I quit smoking for 5 years and then got hooked again. I now have COPD at stage 3.5-4. Should be some action that could be taken against these people, lights cigarettes were supposed to be “light”, nicotine wasn’t supposed to be this addictive etc. I have accepted the blame for my cancer but somehow there has to be a way to get cigarettes off the market or file class action suits to do just that.

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