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News & Features

Ruling could help Altria spin off Kraft

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Virginia Business
March 2006

Stock analysts say a recent legal decision favoring Philip Morris USA is a critical step towards its parent company’s goal of breaking apart its tobacco and food divisions.

The Illinois Supreme Court has overturned a $10.1 billion judgment in a class-action lawsuit against Philip Morris USA. The suit alleged that the Richmond-based tobacco company misled customers over the labeling of its "light" cigarettes.

"This was one of the larger hurdles for them to get over, because the judgment was so huge," says Greg Warren, an analyst covering the tobacco and food industries for Morningstar Inc. He notes that the company is still awaiting word on two other major cases, the Department of Justice’s racketeering suit against cigarette manufacturers and the appeal of a class-action lawsuit brought by smokers in Florida.

Many observers believe that the Justice lawsuit is losing steam. It initially sought a $280 billion judgment against the tobacco companies, but that amount has been downgraded to $14 billion. The Florida case, initially won by the plaintiffs, was overturned on appeal and is being heard by the U.S. Supreme Court. "Once these are resolved, Altria will separate the business divisions," says Warren. "It’s just a matter of when."

Splitting the food and tobacco divisions is expected to have more upside potential for Illinois-based Kraft Foods, which employs 600 people at a cookie and cracker plant in Henrico County. Altria now owns 85 percent of Kraft’s stock. Kraft recently announced that it will cut 8,000 jobs and close 20 plants in an expansion of an ongoing restructuring. The company refused to identify which plants it will close.

Philip Morris USA continues to face legal trouble, but the worst of the litigation appears to be over, and the Illinois ruling could serve to discourage further lawsuits, says Carl Tobias, a professor at the T.C. Williams School of Law at the University of Richmond.

Still, says Warren, "You just never know — somebody would come up with another ingenious legal strategy," he says. "And the last thing Altria wants is to have any tobacco litigation hanging over Kraft Foods once they split it off."

 


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