Class Action Against Imperial Tobacco Rejected

Source from:  CBC News 03/25/2010

The Newfoundland and Labrador court of appeal has ruled that a class action lawsuit claiming Imperial Tobacco used deceptive marketing cannot be pursued. The suit argued that Imperial Tobacco incorrectly presented light and mild cigarettes as a healthy alternative to normal cigarettes. But the court said consumers can't sue a manufacturer. "Our [Newfoundland and Labrador] trade practices act, which is supposed to protect consumers, requires that you must be in a direct relationship, what lawyers called privity, with the person that you want to use that act to assist you to sue and that includes manufacturers," said Ches Crosbie, the lawyer leading the proposed class action suit. Crosbie said Wednesday that the privity requirement doesn't exist in other provinces. Imperial Tobacco is facing a similar lawsuit in British Columbia. Enditem