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PEARSON v. PHILIP MORRIS, INC.

021111819; A137297.

306 P.3d 665 (2013)

257 Or. App. 106

Marilyn C. PEARSON and Laura Grandin, individually and on behalf of all similarly situated persons, Plaintiffs-Appellants, v. PHILIP MORRIS, INC., aka Philip Morris USA, Inc., a foreign corporation, Defendant-Respondent, and Philip Morris Companies, Inc., aka Altria Group, Inc., a foreign corporation, Defendant.

Court of Appeals of Oregon, En Banc.

Resubmitted En Banc June 5, 2013.

Decided June 19, 2013.

Attorney(s) appearing for the Case

Scott A. Shorr , Portland, argued the cause for appellants. With him on the briefs were Stoll Stoll Berne Lokting & Schlachter P.C., and Charles S. Tauman and Charles S. Tauman PC.

William F. Gary , Eugene, argued the cause for respondent. With him on the brief were Sharon A. Rudnick and Harrang Long Gary Rudnick P.C.

Before HASELTON, Chief Judge, and ARMSTRONG, WOLLHEIM, SCHUMAN, ORTEGA, SERCOMBE, DUNCAN, NAKAMOTO, HADLOCK, and EGAN, Judges.

ARMSTRONG, J.

Plaintiffs, who purchased Marlboro Lights cigarettes manufactured by defendant,1 brought this action against defendant under the Oregon Unlawful Trade Practices Act (UTPA), ORS 646.605 to 646.652. Plaintiffs alleged that defendant had violated the UTPA by misrepresenting the characteristics of Marlboro Lights and that, as a result of defendant's misrepresentations, they had suffered economic losses.

Plaintiffs filed...

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