Just a few weeks ago, the California Supreme Court ruled that lawsuits under the Consumer Legal Remedies Act can only be filed by individuals who suffer real damage from unlawful business practices. But during oral arguments on Tuesday it wasn't clear where the court stood on applying that same rule to every participant of class actions filed under the state's Unfair Competition Law.
Still, a couple of amici on the consumers' side predicted the justices would reverse the appellate court, which upheld class decertification.
The underlying suit, filed 12 years ago, accused Philip Morris USA Inc. and five other tobacco manufacturers of violating the UCL and the state's False Advertising Law by allegedly denying links between smoking and serious illnesses. The suit also accused the companies of marketing cigarettes -- often to minors during the Joe Camel campaigns and other youth promotions of the '90s -- as having no additives and being non-addictive. The suit doesn't seek damages, just injunctive relief and restitution for money plaintiffs spent on cigarettes.
A ruling is due in 90 days.
Comments