Court to notify consumers who purchased Marlboro Lights and Marlboro Ultra Lights cigarettes in Arkansas about their rights in a class action lawsuit
LITTLE ROCK, Ark., July 17, 2015 /PRNewswire/ -- A notification program to consumers who bought Marlboro Lights and Marlboro Ultra Lights cigarettes in Arkansas began today, as authorized by the Circuit Court for Pulaski County, Arkansas.
The notices are a result of the Court establishing or "certifying" a class action lawsuit about whether Philip Morris USA Inc. ("Philip Morris") deceptively advertised, marketed and sold Marlboro Lights and Marlboro Ultra Lights cigarettes to consumers in Arkansas as healthier to smoke than regular cigarettes. This case does not involve claims for physical injury, emotional distress or wrongful death. The lawsuit is called Miner v. Philip Morris Companies, Inc., et al., No. 60CV03-4661.
The Pulaski County Circuit Court decided that the Class includes all consumers who purchased Marlboro Lights and Marlboro Ultra Lights cigarettes in Arkansas for personal consumption from November 1, 1971 through June 22, 2010. "Marlboro Lights" includes Marlboro Lights 100s cigarettes; "Marlboro Ultra Lights" includes Marlboro Ultra Lights 100s cigarettes.
The lawsuit alleges that Philip Morris advertised, marketed and sold Marlboro Lights and Marlboro Ultra Lights cigarettes as healthier than regular cigarettes in a manner that had the capacity to deceive consumers who purchased Marlboro Lights and Marlboro Ultra Lights in Arkansas. The lawsuit also says that Philip Morris knew Marlboro Lights and Marlboro Ultra Lights cigarettes were more carcinogenic and toxic than regular cigarettes and that Philip Morris' conduct violated the Arkansas Deceptive Trade Practices Act. The suit seeks to recover money from Philip Morris.
Philip Morris denies the allegations in the lawsuit. It denies all wrongdoing, including that it violated Arkansas law by advertising, marketing and selling Marlboro Lights and Marlboro Ultra Lights cigarettes as healthier than regular cigarettes in a manner that had the capacity to deceive consumers who purchased Marlboro Lights and Marlboro Ultra Lights in Arkansas. Phillip Morris also denies that it knew Marlboro Lights and Marlboro Ultra Lights cigarettes were more carcinogenic and toxic than regular cigarettes, that a class action is proper, and that Class members are entitled to any relief. Phillip Morris believes that Class members' claims may be barred on various legal grounds, including the statute of limitations.
The lawyers for the Class will have to prove their claims at a trial. The trial is currently set to begin August 2, 2016.
The Court has appointed the following lawyers as "Class Counsel": Thomas Thrash, Don Barrett, Ben Barnow, Marcus Bozeman and Brian Herrington.
Those who wish to remain members of the Class do not have to do anything at this time and will be informed about any claims process that results from the trial or any settlement. Class members will be notified if there are future steps they may be required to take, including perhaps being available to testify in court or in a deposition. Class members will be bound by all orders and judgments of the Court.
Class members may exclude themselves from the Class. A detailed notice available at www.MarlboroLightsClass.com and by calling 1-877-625-9432 explains how to request exclusion. People who exclude themselves from the Class cannot receive money from the lawsuit—if any is won—but they will not be bound by any Court orders or judgments. The deadline to request exclusion is January 13, 2016.
For more information and a detailed notice, Class members may visit www.MarlboroLightsClass.com or call 1-877-625-9432.
SOURCE Circuit Court for Pulaski County, Arkansas
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