In Small v. Lorillard Tobacco Co., Inc. (252 AD2d 1 [1st Dept 1998] affd 94 NY2d 43 [1999]), the Court denied class certification to plaintiffs who claimed that the defendant tobacco companies defrauded consumers by lying about nicotine's addictive properties. The Court found that there were individual issues of nicotine addiction and reliance upon the misrepresentations which precluded class certification.