Page:Philip Morris Companies v. Miner.pdf/11

 overarching issue or starting point of plaintiffs' claim is whether Philip Morris engaged in a scheme to deceive smokers about the health benefits of Lights cigarettes.

Further, it would be premature for this court to prospectively set forth what the plaintiffs must prove to sustain their ADTPA claim. The issue whether the ADTPA requires proof of reliance is not before us. Any such ruling we would issue would be advisory and would require us to delve into the merits. Our only task is to see if the circuit court’s ruling met the requirements of Rule 23. This is a purely procedural inquiry, and we should avoid deciding substantive issues not squarely before us. ''E.g., Fraley v. Williams Ford Tractor & Equip. Co.'', 339 Ark. 322, 335, 5 S.W.3d 423, 431 (1999) (noting that "the propriety of a class action is basically a procedural question"). The common issue of whether Philip Morris behaved in a deceptive manner predominates the litigation; this is true regardless of whether reliance is an element under the ADTPA.

This reasoning applies equally to Philip Morris's contention that, even if reliance is not required, causation is an individual issue that destroys predominance. Philip Morris asserts that each smoker bought Lights for various reasons—some liked the taste, others liked the brand, and others bought Lights even after discovering that Lights were no healthier than regular cigarettes. Again, these individual purchasing motivations are secondary to the overarching, predominant question that can be efficiently established on a class-wide basis. In other words, the misrepresentation element of plaintiffs' ADTPA claim can be proved (or not) by class-action adjudication first. Then, to the extent that causation