Class-action lawsuit over tobacco ads proceeds

June 5, 2009

Consumers have the right to sue as a group over advertising they believe misled them into buying products, a divided state Supreme Court ruled Monday in reinstating a massive suit against the tobacco industry.

The 4-3 decision rejected business arguments that, if accepted, would have virtually prohibited class-action suits for false advertising by requiring proof that every plaintiff – millions of them, in some cases – had seen an allegedly deceptive ad and relied on it to make a purchase. The court majority said that evidence is required only for the single plaintiff or small group that represents the entire class.

“This gives the consumers rights to protect themselves from fraudulent advertising,” said Mark Robinson, a lawyer for the smokers who sued tobacco companies in 1997.

The ruling could make California “the class-action capital of the country,” retorted William Stern, a lawyer for business organizations and a co-author of Proposition 64, a 2004 ballot measure at the heart of the case.

Read Article: San Francisco Chronicle

Posted By: Phoenix DUI Attorney