Philip Morris Companies, Inc., a Corporation and Philip Morris Incorporated, a Corporation, Appellan — Hart, J…

Summary

Justice Hart dissented from certification of a class asserting that Philip Morris misrepresented the tar and nicotine content of Marlboro Lights. She would deny certification because proving actual damages would require individualized inquiries into each smoker's beliefs, smoking practices, and purchase history, defeating commonality and superiority, and because the proposed class was not ascertainable. The dissent also concluded that the Arkansas Deceptive Trade Practices Act permits private actions only for persons who sustained actual damages.