The Illinois Supreme Court on Wednesday upheld a state appellate court’s ruling that sends a USD 10.1 billion (EUR 7.4 billion) verdict against Philip Morris back to southwestern Illinois’ Madison County.

In 2003, a Judge at Madison County circuit court awarded plaintiffs USD 10.1 billion in compensatory and punitive damages after a two-month trial of a class-action lawsuit, Price v. Phillip Morris.

The plaintiffs, represented by St. Louis lawyer Stephen Tillery, contended that Philip Morris deceived consumers when it advertised that certain of its cigarettes were "light" and contained "lowered tar and nicotine." They said the company knew that Marlboro Lights were not safer than non-light cigarettes and might even be more dangerous to health.

The case appeared dead after the Illinois Supreme Court reversed the trial court ruling in 2005, finding that the company's use of the terms "lights" and "lowered tar and nicotine" were specifically authorized by the Federal Trade Commission (FTC). However, in 2008 the U.S. Supreme Court decided that the FTC did not authorize use of those terms.

Tillery's petition to reinstate the case in the circuit court – on the basis of "new facts" established in the U.S. Supreme Court case – was denied in December but the denial was reversed by the 5th District Appellate Court in Mount Vernon in February and the state Supreme Court on Wednesday declined to hear Philip Morris's appeal of that decision. (pi)