Cleary v. Philip Morris Inc.

Dist. Ct. did not err in granting defendant-tobacco manufacturer’s motion to dismiss for failure to state cause of action, plaintiffs’ unjust enrichment claim alleging that defendant knowingly concealed truth from consumers about cigarette’s addiction and health problems with tar and nicotine found in defendant’s Marlboro Lights. Plaintiffs explicitly disavowed any need to allege that they were deceived or injured by defendant’s actions, and thus could not establish unjust enrichment claim since violation of consumer’s legal right to know about product’s risks, without more, cannot support claim that manufacturer unjustly retained revenues from product’s sale to consumer’s detriment.