Arkansas Supreme Court upholds class action in Marlboro Light case | Arkansas Blog

Arkansas Supreme Court upholds class action in Marlboro Light case

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The Arkansas Supreme Court today affirmed Circuit Judge Timothy Fox's certification of a class action status in the lawsuit alleging Philip Morris had deceived smokers with advertising for Marlboro Lights that suggested they were safer than regular cigarettes.

The tobacco giant said each claim should be filed individually. The suit seeks refunds for packs sold from 1979 to 2001, when Congress banned advertising about "low-tar" cigarettes.

The class potentially affected will be huge.

Justice Jo Hart dissented in today's decision.

The majority opinion, by Justice Rhonda Wood, said a class action was a superior means to decide most of the plaintiffs' case, and that the class was "ascertainable."

Here's the opinion.


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