Price v. Philip Morris, Inc.Annotate this Case
In 2000, plaintiffs filed a class action, Price v. Philip Morris, Inc. including various claims of fraud and deception by the tobacco company in its use of the terms “lights” and “lowered tar and nicotine” in marketing cigarettes. In 2005 the Illinois Supreme Court concluded that the claims were barred by FTC regulations relating to the terms. The U.S. Supreme Court denied certiorari. In 2008, plaintiffs sought relief from judgment under 735 ILCS 5/2-1401, arguing that subsequent actions by the FTC constituted new evidence warranting vacatur.. The circuit court denied the petition on the merits; the appellate court reversed. The Illinois Supreme Court vacated both decisions. Section 2-1401 does not authorize the circuit court to vacate the judgment of a reviewing court. A litigant seeking to vacate the judgment of a reviewing court after the rehearing period has expired and the mandate has issued, must move to recall the mandate in the reviewing court which rendered the contested judgment. The court expressed no opinion on the merits of such a motion, should one be filed.