Price v. Philip Morris, Inc.

This case presents question as to whether trial court properly denied plaintiffs’ section 2-1401 petition for relief in action alleging that defendant’s labeling of cigarettes as “lights” violated Illinois Consumer Fraud Act (ICFA), where: (1) Ill. Supreme Ct., in previously directing dismissal of plaintiff’s underlying complaint, had found that Federal Trade Commission (FTC) had at least implicitly authorized such labeling so as to shield defendant from any liability under ICFA; and (2) instant section 2-1401 petition was based on subsequent FTC pronouncements indicating that it had not in fact authorized such labeling. Appellate Court, in reversing trial court’s denial of section 2-1401 petition, held that said FTC pronouncements constituted newly discovered evidence that gave it power to grant said petition and to reinstate original $10.1 billion judgment in favor of plaintiffs.