Winston Defeats Class Action Claims Against Philip Morris

In a high-stakes case tried before a St. Louis jury in Missouri state court, a team of Winston & Strawn lawyers prevailed on behalf of Philip Morris USA (PM USA) in a $1.8 billion consumer class action lawsuit.

Filed in 2000, the lawsuit alleged that PM USA violated the state’s Merchandising Practices Act by falsely advertising Marlboro Lights as being less harmful than other cigarettes. Class members included Missouri residents who purchased Marlboro Lights from 1995 to 2003. 

The 11-1 verdict in favor of PM USA, which was reached in less than one hour, is particularly significant given that class actions rarely go to trial. The verdict comes five years after a mistrial in the same case when a separate Missouri jury was deadlocked over awarding $700 million in damages to about 400,000 Marlboro Lights smokers.

The team was led by Litigation Department Co-Chair George Lombardi and Partner Chris Essig, and also included critical contributions by Associates Brett Walker and Sarah Krajewski.