Judge Permits Class Action in Claim of Tobacco Marketing to Teenagers
An estimated 1.5 million Californians who smoked as minors will be eligible to join a lawsuit seeking $682 million from tobacco companies for allegedly marketing their products to teenagers, a judge ruled Wednesday.
Superior Court Judge Ronald S. Prager ruled in favor of plaintiffs who say four companies--R.J. Reynolds, Lorillard Tobacco Co., Brown & Williamson, and Philip Morris--violated the state’s consumer protection laws and should forfeit profits earned from California minors between April 1994 and December 1999.
It is the first case of its kind--attacking tobacco marketing to teenagers--to win class-action status in the nation, said attorneys for the six San Diego plaintiffs.
Without such status, the lawsuit could seek only the portion of profits due to individuals filing claims, said Dave Markham, an attorney for the plaintiffs.
Lawyers for the two sides now must agree on a way to notify eligible smokers of how to join the case. They are to appear before Prager again on Jan. 11.
Philip Morris, whose attorneys argued against class-action status in court Wednesday, said Prager’s decision could create “an unmanageable case and a chaotic situation.” William S. Ohlemeyer, a Philip Morris vice president, said the company will seek to reverse the ruling.
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