After several years of conducting this program, Philip Morris announced that Miles containing the words "5 Miles" would not be accepted after a certain date, and subsequently indicated that Miles containing the words "Five Miles" would expire.Ĭlass action plaintiff Cortney Reynolds filed suit against Philip Morris, claiming that Miles were gift certificates issued pursuant to an awards, loyalty, or promotional program, and thus violated California law by not having expiration dates printed on them in a certain font size and as otherwise required by the statute. The Miles did not contain any wording, terms of use or expiration dates. Marlboro Miles consisted of the proof of purchase on the cigarette packaging plus the words "5 Miles" or "Five Miles." Customers could collect Miles and exchange them for merchandise from a Marlboro catalog. Court of Appeals for the Ninth Circuit held that on-pack proofs of purchase on Marlboro and Marlboro Light cigarettes that were part of the "Marlboro Miles" loyalty program are not promotional gift certificates under California law and thus are not required to state an expiration date in a statutorily-proscribed manner.ĭefendant Philip Morris sold Marlboro cigarettes and promoted them through its "Marlboro Miles" loyalty program. In a closely-watched case in the promotions industry, the U.S.
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