Imagine people bringing a consumer protection claim against a manufacturer for “misrepresenting” a product as “light” or “fat free” or “heart smart” and seeking billions of dollars in restitution. In this class action, plaintiffs do not seek recovery for any personal injuries. No one claims he or she relied on the representations. Class members even continue purchasing the product (at the same price!) while the suit is pending.

Could such a suit possibly succeed? Ask the tobacco industry. In 2003, a court in Madison County, Ill., upheld such a claim and awarded the plaintiff class more than $10 billion in damages, at least until the decision was overturned by the Illinois Supreme Court. And the tobacco industry is not alone.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]