Aspinall v. Philip Morris Companies, Inc.

(dissenting, with whom Ireland and Cowin, JJ., join). This is a case about the propriety of a class certification decision. The issue is not, as the court puts it, “whether the marketing of Marlboro Lights as ‘light’ cigarettes that deliver ‘lower tar and nicotine’ may be challenged in a class action” under G. L. c. 93A, ante at 382; of course it may (emphasis added). The issue is whether this class of plaintiffs may bring that challenge. The proper focus in this case is, therefore, the constituency of the plaintiff class.

The plaintiff class certified by the motion judge consists of…