In a stunning 4–3 decision last week, the Massachusetts Supreme Judicial Court expanded companies’ exposure to consumer fraud class actions.
In Aspinall v. Philip Morris Companies, Inc., the court held that the mere purchase of a deceptively advertised product can satisfy the element of injury for purposes of certifying a class under the Massachusetts Consumer Protection Act, M.G.L. c. 93A. The court’s holding will affect companies in numerous industries that advertise products for sale in Massachusetts.
The Aspinall Decision
The plaintiffs in Aspinall, purchasers of "Marlboro Lights" cigarettes, claimed that the defendants’ marketing of "light" cigarettes, described in advertising as having "lowered tar and nicotine," was deceptive because most smokers would receive as much tar or nicotine from Marlboro Lights as they would from regular Marlboro cigarettes. Plaintiffs sought certification of a class of "purchasers of Marlboro Lights cigarettes in Massachusetts" under chapter 93A,
