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Mealey's Tobacco

  • May 09, 2025

    Boston Court Enters $13M Judgment In Favor Of Dead Smoker’s Estate

    BOSTON — The Suffolk County, Mass., Superior Court on May 8 entered judgment in favor of a dead smoker’s estate worth more than $13 million in compensatory and punitive damages after a jury found in favor of the estate on its claim that a tobacco company’s “power of coercion conspiracy” caused the smoker’s lung cancer and death. VIDEO FROM THE TRIAL IS AVAILABLE.

  • May 08, 2025

    Baltimore Files Suit Over Sales Of ‘Zyn’ Tobacco Pouches

    BALTIMORE — The mayor and city council of Baltimore on May 7 filed a complaint alleging violations of the city’s consumer protection ordinance based on the sales of Zyn nicotine pouches, accusing the defendants Philip Morris International Inc. (PMI) and two Swedish Match entities of “an extensive campaign to create new nicotine addicts to ensure profits” in part by “ensuring nicotine addiction in the City of Baltimore’s children and adolescents.”

  • May 06, 2025

    Vape Companies, Kentucky Jointly Dismiss Vape Law Case Before 6th Circuit

    CINCINNATI — A vaping industry association and two vape businesses and officials from the state of Kentucky on May 5 filed a joint stipulation of voluntary dismissal to the Sixth Circuit U.S. Court of Appeals, approximately one month after the Circuit Court denied the vape entities’ motion to enjoin Kentucky’s new law restricting sales of vaping products not authorized by the U.S. Food and Drug Administration pending appeal.

  • May 05, 2025

    Judge Allows Email Service To Chinese ‘Elf Bar’ Maker In Disposable Vape Suit

    SAN DIEGO — A California federal judge on May 2 granted a motion by e-cigarette maker NJOY LLC, an Altria Group Inc. subsidiary, to allow service by e-mail to a Chinese manufacturer and distributor of Elf Bar-brand e-cigarettes in litigation brought against a variety of mostly China-based online e-cigarette sellers accused of selling flavored disposable vapes (FDVs) in violation of California’s unfair competition law (UCL) and federal cigarette regulations.

  • May 05, 2025

    Iowa’s New E-Cigarette Law Preempted By Federal Rules, Judge Says

    DES MOINES, Iowa — An Iowa federal judge on May 2 granted a motion filed by a vaping advocacy association and five vape companies to preliminarily enjoin the state’s new law regulating sales of e-cigarettes as preempted by federal tobacco regulations but rejected the plaintiffs’ argument that the state’s “differential treatment” of synthetic nicotine vapes violates equal protection.

  • May 02, 2025

    Vape Companies Seek To Block North Carolina’s Law Banning Synthetic Vapes

    RALEIGH, N.C. — An e-cigarette industry association, several vape businesses and an e-cigarette consumer filed a complaint in North Carolina federal court against state government officials, asking the court to enjoin a new state law regulating e-cigarettes that they say would unfairly prohibit sales of popular e-cigarette products containing synthetic nicotine and could drive companies out of business.

  • May 02, 2025

    Damages In Rolling Paper Trademark Row Reasonable, 11th Circuit Says

    ATLANTA — An 11th Circuit U.S. Court of Appeals panel affirmed a Georgia federal judge’s decision to enter nearly $1.2 million in damages against defendant entities in a trademark dispute over tobacco rolling papers, noting both that the damages fell within the statutory standard and that the defendant entities did not object to jury instructions regarding damages.

  • April 30, 2025

    7th Circuit Affirms Jury’s Findings, Judge’s Injunction In Rolling Paper IP Fight

    CHICAGO — A Seventh Circuit U.S. Court of Appeals panel affirmed a jury’s mixed verdict in an intellectual property dispute between two tobacco companies related to cigarette rolling papers made of hemp, which led to cross-appeals; the panel rejected arguments from the parties that a federal judge erred in responding to a question from jurors and that the judge’s injunction was overly broad.

  • April 25, 2025

    11th Circuit Upholds FDA Ban Of Tobacco-Flavored Bidi Sticks, Citing New Precedent

    ATLANTA — The 11th Circuit U.S. Court of Appeals on April 24 upheld a Food and Drug Administration marketing denial order (MDO) banning sales of Bidi Vapor LLC’s tobacco-flavored Bidi sticks, writing that the FDA “reasonably determined” that the products at issue posed an “abuse liability.”

  • April 23, 2025

    Judge Dismisses E-Cig Buyers’ Monopoly, UCL Claims Against Juul, Altria

    SAN FRANCISCO — A California federal judge entered two orders pursuant to stipulations between Juul Labs Inc. (JLI), Altria Group Inc. and indirect plaintiffs bringing antitrust claims related to Altria’s 2018 investment in JLI, thereby dismissing the plaintiffs’ claims for violation of federal monopoly laws and California’s unfair competition law (UCL).

  • April 21, 2025

    High Court Remands, Denies More Vape Ban Petitions After Ruling In Wages

    WASHINGTON, D.C. — The U.S. Supreme Court on April 21 granted the Food and Drug Administration’s petition for a writ of certiorari challenging the Fifth Circuit U.S. Court of Appeals’ reversal of FDA bans of several flavored e-liquid products, vacated the ruling and remanded the case to the Fifth Circuit for consideration of its recent vacatur of the en banc Fifth Circuit in Food and Drug Administration v. Wages & White Lion and denied three other petitions for review filed by vape companies challenging FDA bans.

  • April 21, 2025

    High Court Won’t Review Tribal Tobacco Companies’ Nebraska Regulation Challenge

    WASHINGTON, D.C. — The U.S. Supreme Court on April 21 denied a petition for a writ of certiorari filed by two subsidiaries of a Winnebago Tribe-owned tobacco company that had sought review of the Eighth Circuit U.S. Court of Appeals’ ruling allowing some regulation of their tobacco sales by the state of Nebraska and ordering a “tailoring” of injunctive relief issued by the lower court.

  • April 18, 2025

    Tobacco Surcharge Suit That Is Part Of Recent Wave Survives Dismissal

    JEFFERSON CITY, Mo. — Saying in part that there is precedent under which the named plaintiffs “have adequately alleged that Defendant’s tobacco surcharge violated [the Employee Retirement Income Security Act] because it did not offer a retroactive reimbursement,” a Missouri federal judge declined to dismiss a putative class action that is part of a recent wave of similar suits.

  • April 18, 2025

    Florida Panel Turns Away Tobacco Companies’ ‘Survivor’ Challenge To $2.1M Verdict

    WEST PALM BEACH, Fla. — A Fourth District Florida Court of Appeal panel on April 17 affirmed a jury’s $2.1 million compensatory damages verdict to a smoker’s daughter, which was challenged by two tobacco companies on the grounds that the daughter is not the smoker’s “survivor” under the Wrongful Death Act and therefore is entitled to only $7,000.

  • April 15, 2025

    N.M. Supreme Court Dismisses Conspiracy Claims Against Firms For Tobacco Cases

    SANTA FE, N.M. — The New Mexico Supreme Court ruled in favor of three law firms accused of civil conspiracy in tort lawsuits against tobacco companies that the firms formerly represented, writing that the firms must be dismissed as co-defendants because they were not adequately alleged to have intentionally targeted the state.

  • April 10, 2025

    6th Circuit Declines To Enjoin Kentucky Law Restricting Vape Sales

    CINCINNATI — A Sixth Circuit U.S. Court of Appeals panel on April 9 denied a motion for an injunction pending appeal filed by a vaping industry association and two vape businesses that are challenging a newly effective Kentucky law barring the sale of vaping products not authorized by the U.S. Food and Drug Administration, writing that the movants did not satisfy the requirements for injunctive relief.

  • April 09, 2025

    Vape Maker Says Plaintiffs’ PFAS Class Action Fails For Lack Of Jurisdiction

    SAN FRANCISCO — A maker of vapes has moved in California federal court to dismiss a putative class action alleging that its products contain per- and polyfluoroalkyl substances (PFAS), arguing that subject matter jurisdiction is lacking and that the plaintiffs have failed to plead fraud-based claims with particularity.

  • April 04, 2025

    Tribal Tobacco Companies Urge High Court To Hear Nebraska Regulatory Case

    WASHINGTON, D.C. — Two subsidiaries of a Winnebago Tribe-owned tobacco company urge the U.S. Supreme Court in a reply in support of their petition for a writ of certiorari to review the Eighth Circuit U.S. Court of Appeals’ ruling allowing some state regulation of their tobacco sales, which they say violated principles of tribal sovereignty, improperly balanced tribal interests and rewrote state law via injunction.

  • April 04, 2025

    Florida Jury Returns Defense Verdict In Suit Against Tobacco Company

    MIAMI — A Florida state court jury returned a defense verdict in an Engle lawsuit brought against a tobacco company by the estate of a smoker who died after being diagnosed with chronic obstructive pulmonary disease (COPD) after finding that the smoker’s illness did not manifest within the mandatory timeframe to be an Engle class member. VIDEO FROM THE TRIAL IS AVAILABLE.

  • April 02, 2025

    High Court Overturns En Banc 5th Circuit’s Vacatur Of FDA Flavored E-Liquid Bans

    WASHINGTON, D.C. — The U.S. Supreme Court on April 2 unanimously reversed the en banc Fifth Circuit U.S. Court of Appeals’ reversal of U.S. Food and Drug Administration bans of certain flavored e-liquids intended for use with e-cigarettes after finding the FDA’s bans were “consistent” with its guidance to manufacturers.  The high court declined to address whether the FDA improperly changed its standards while reviewing manufacturers’ applications for approval and remanded the case for a new “harmless error” review.

  • April 02, 2025

    D.C. Circuit Partly Amends Order On FDA Regulation Of Premium Cigars

    WASHINGTON, D.C. — A District of Columbia Circuit U.S. Court of Appeals panel granted in part a petition by two cigar industry associations for panel rehearing and issued an amended ruling clarifying that it did not reverse the lower court’s decision vacating U.S. Food and Drug Administration rules for premium cigars, but maintaining its order remanding that issue for further briefing on the definition of such cigars.

  • April 01, 2025

    Judge Dismisses Settled Wrongful Death Suit Against Tobacco Companies

    SANTA ANA, Calif. — A California federal judge ordered the dismissal with prejudice of all remaining claims against a tobacco company brought by the family members of a dead smoker who accused the company of causing the smoker’s death from laryngeal cancer, following the parties’ announcement of a settlement and the earlier dismissal of claims against two other tobacco companies.

  • March 31, 2025

    Judge Stays Deceptive Marketing Class Claims Against Zyn Maker Due To Earlier Suit

    SACRAMENTO, Calif. — A California federal judge on March 28 stayed a putative class action against Swedish Match North America LLC (SM) for allegedly deceptively marketing Zyn nicotine pouches as nicotine cessation products in violation of California’s unfair competition law (UCL) and other laws after finding a similar suit is already pending and applying the “first-to-file rule.”

  • March 27, 2025

    Warrantless Inspections Of Tobacco Retailers In Utah Enjoined By Federal Judge

    SALT LAKE CITY — A Utah federal judge granted a motion for a preliminary injunction filed by the Utah Vapor Business Association (UVBA) and a local vape retailer and enjoined the state from enforcing a portion of a new law that allowed warrantless inspections of tobacco retail stores after previously refusing to enjoin the portion of the law banning the sale of flavored e-cigarettes.

  • March 27, 2025

    High Court Hears Oral Arguments On FCC Authority Under Nondelegation Doctrine

    WASHINGTON, D.C. — The U.S. Supreme Court on March 26 heard oral arguments in consolidated cases filed by the Federal Communications Commission and telecom providers urging reversal of an en banc Fifth Circuit U.S. Court of Appeals’ ruling that a subsidy program violates the “private nondelegation doctrine.”