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ASPINALL v. PHILIP MORRIS COMPANIES, INC.

442 Mass. 381 (2004)

LORI ASPINALL & another v. PHILIP MORRIS COMPANIES, INC., & another.

Supreme Court of Massachusetts, Suffolk.

August 13, 2004.

Attorney(s) appearing for the Case

Thomas V. Urmy, Jr. (Todd S. Heyman with him) for the plaintiffs.

Kenneth J. Parsigian (Paul E. Nemser & Michael J. Tuteur with him) for the defendants.

Evan Slavitt, for Washington Legal Foundation, amicus curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

GREANEY, J.

The essential question presented by this appeal is whether the marketing of Marlboro Lights as "light" cigarettes that deliver "lowered tar and nicotine" may be challenged in a class action seeking damages, as deceptive conduct in a trade or business, in violation of G. L. c. 93A, §§ 2 and 9. The individual plaintiffs, smokers of Marlboro Lights, allege in their second amended complaint that Philip Morris Companies, Inc., and its subsidiary,...

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