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Philip Morris USA Will Seek Review of Nationwide "Lights" Class CertificationNEW YORKSeptember 25, 2006 NEW YORK (Sept. 25, 2006) – Philip Morris USA will seek prompt appellate review of a federal judge’s decision today to certify a national class of “light” smokers involving all major cigarette manufacturers. The decision was issued by U.S. District Judge Jack Weinstein, who refused to apply the recent findings regarding “light” cigarettes by another federal judge in Washington, D.C., in a case brought by the Justice Department against major cigarette companies. Philip Morris USA and other companies are challenging that decision as well. “The company will take immediate steps to begin the process of appealing this decision to the United States Circuit Court of Appeals for the Second Circuit, and will seek a stay of all trial court proceedings pending a decision by the appellate court,” said William S. Ohlemeyer, Philip Morris USA’s vice president and associate general counsel. “The company believes that the appellate court will find that today’s certification decision runs counter to the overwhelming weight of federal and state case law regarding class actions in smokers’ litigation and must be reversed. “This case involves smokers who are not seeking to recover for personal injuries, who continue to smoke ‘light’ cigarettes and who paid no more for Marlboro Lights cigarettes than they would have paid for regular Marlboros,” Ohlemeyer said. Although he granted class certification, Judge Weinstein observed during a Sept. 13 hearing that it would be very difficult for the plaintiffs to prove their case against the companies, saying “You can't get away from the contention of the [companies] that every smoker is somewhat different, particularly over the [class] period.” The Schwab case is a nationwide class of smokers who claim they were defrauded by the companies’ use of the brand descriptor “Lights” and purchased “light” cigarettes because they believed they were safer than other brands.
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