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Mealey's Tobacco

  • April 24, 2026

    Sickly Smoker Drops Appeal Of Defense Verdict In Defective Design Suit

    MIAMI — A Florida appellate court entered an order dismissing an appeal after a notice of voluntary dismissal was filed by a former smoker of Parliament and Marlboro-brand cigarettes with heart disease and chronic obstructive pulmonary disease (COPD), thereby dropping his appeal of a state court’s defense verdict dismissing his defective design claims prior to any briefing in the case.

  • April 23, 2026

    Wisconsin Vape Directory Not Preempted By Federal Law, 7th Circuit Says

    CHICAGO — A Seventh Circuit U.S. Court of Appeals panel affirmed a federal judge’s refusal to enjoin enforcement of a new Wisconsin tobacco product directory that purportedly bans the sale of synthetic nicotine e-cigarette products, writing that the directory is not preempted by federal laws regulating such products.

  • April 22, 2026

    Mass. High Court Affirms $56M Tobacco Verdict, Says Jurors ‘Were Not Inflamed’

    BOSTON — The Massachusetts Supreme Judicial Court on April 22 affirmed a $56 million punitive damages award in favor of the estate of a smoker who died from lung cancer at age 60, which the trial court judge reduced on remittitur down from the original amount of $1 billion in punitive damages against a tobacco company.  The court said that the trial court properly found that the jurors “were not inflamed by passion or prejudice” and that the verdict after the judge’s reduction “was within constitutionally permissible bounds.”

  • November 07, 2025

    Massachusetts High Court Hears Arguments In $1B Tobacco Verdict Appeal

    BOSTON — Attorneys for Philip Morris USA Inc. (PM) urged the Massachusetts Supreme Judicial Court to order a new trial for a smoker’s estate based on a jury’s “excessive” $1 billion punitive damages award and to consider if such trials should be bifurcated, while justices asked if the trial court’s reduction of the punitive damages to $56 million by remittitur was already a sufficient remedy (Armand Fontaine v. Philip Morris USA, Inc., No. SJC-13778, Mass. Sup. Jud.).

  • April 17, 2026

    Judge Again Vacates FDA Rules For Premium Cigars, Bars Flavors From Category

    WASHINGTON, D.C. — On remand from the District of Columbia Circuit U.S. Court of Appeals, a D.C. federal judge again vacated the Food and Drug Administration’s rule for premium cigars, adopting the same definition of such products that the court previously adopted and rejecting one cigar advocacy group’s arguments for amending the definition to include flavored cigars as unsupported by the evidence.

  • April 17, 2026

    Magistrate Judge Says California Vape Seller Violated Laws But Penalties Uncertain

    FRESNO, Calif. — A California federal magistrate judge recommended granting the California Attorney General’s Office’s motion for summary judgment against a flavored-vape retailer and its CEO for violating federal and state tobacco laws and California’s unfair competition law (UCL) by selling disposable flavored vape products without a license or youth restrictions but denying a request for more than $1 million in civil penalties due to a factual dispute about the amount owed.

  • April 15, 2026

    Criticizing ‘Misinformation,’ Judge Re-Dismisses Unfair Pricing Suit Against Juul

    CHICAGO — An Illinois federal judge granted a motion by Juul Labs Inc. (JLI) and one of its wholesalers to reconsider an order granting a company’s motion to file a fourth amended complaint accusing JLI of antitrust law violations, vacated the order and affirmed a previous order dismissing the complaint with prejudice due to “misinformation” from the plaintiff regarding the status of discovery proceedings.

  • April 13, 2026

    Plaintiffs Still Mostly Prevail At Dismissal In Tobacco Surcharge Cases

    As the number of health plan sponsors facing putative class lawsuits over tobacco surcharges keeps rising, plaintiffs continue to get claims past dismissal most of the time, but in the last month one case has been dismissed while four survived dismissal wholly or in part; additionally, a similar case that slightly preceded the wave was ruled time-barred at summary judgment.

  • April 10, 2026

    TTAB Rejection Of Cigar Maker’s Mark Challenge Affirmed By Federal Circuit

    WASHINGTON, D.C. — The U.S. Trademark Trial and Appeal Board (TTAB) had substantial evidence to support its rejection of a Dominican Republic tobacco company’s challenge to a CBD vape manufacturer’s application for a trademark on a stick-figure logo with limbs splayed out in the shape of the letter X, a Federal Circuit U.S. Court of Appeals panel affirmed.

  • April 09, 2026

    New York State Suit Against Flavored E-Cig Distributors May Proceed, Judge Says

    NEW YORK — A New York federal judge largely denied motions by flavored e-cigarette distributors to dismiss a lawsuit brought against them by the state Attorney General’s Office for violating state and federal laws and creating a public nuisance by selling China-manufactured flavored e-cigarettes in the state and causing a youth public health crisis but granted dismissal of two claims as inadequately pleaded.

  • April 09, 2026

    Plaintiffs Appeal Dismissal Of ‘Greenwashing’ Suit Against E-Cig Makers

    SAN FRANCISCO — E-cigarette consumers whose putative class lawsuit in California federal court against e-cigarette companies for “greenwashing” their products by calling them “carbon-neutral” in violation of California’s unfair competition law (UCL) and other laws was dismissed after the judge found that the defendants’ environmental claims were legally proper are appealing that ruling to the Ninth Circuit U.S. Court of Appeals.

  • March 30, 2026

    Smoker’s Widow Amends Pleadings Against Tobacco Companies, Retailers

    BOSTON — The widow of a smoker who died of chronic obstructive pulmonary disease (COPD) and esophageal cancer filed a first amended complaint in Massachusetts federal court against two tobacco companies and two retail companies after previously stipulating to dismissal of another tobacco company, seeking compensatory and punitive damages for wrongful death and unfair and deceptive trade practices.

  • March 26, 2026

    Judge Orders Quick Response To Nicotine Pouch-Maker’s Suit Over Unfair Ban

    WASHINGTON, D.C. — A District of Columbia federal judge ordered the Food and Drug Administration and other government defendants to respond within days to a motion for a temporary restraining order and complaint filed by the maker of “Zone” nicotine pouches that says the FDA’s decision to refuse to file its premarket tobacco application (PMTA) for its pouch products, which effectively denied it authorization to sell its products, “poses an existential threat to the company.”

  • March 20, 2026

    ITC: Patent Invalidity Means No Violation Through Vape Product Imports

    WASHINGTON, D.C. — The U.S. International Trade Commission (ITC) reversed a finding from an administrative law judge (ALJ) that certain tobacco product entities violated federal importation laws by importing vaping products that infringed a patent held by R.J. Reynolds Vapor Co. and related entities; the ITC determined that there was no violation because multiple claims of the patent at issue are invalid as obvious.

  • March 18, 2026

    Judge Sets Hearing In Lung Cancer Patient’s Suit Against Tobacco Companies

    CHICAGO — An Illinois federal judge set an initial status conference in a case brought by a smoker with lung cancer and her husband against three tobacco companies and a local retailer for allegedly causing her addiction to cigarettes, which the tobacco companies recently removed to federal court on the grounds that the retailer was fraudulently joined.

  • March 13, 2026

    Panel Vacates Tobacco Company Win Due To Jury Instruction Error

    BOSTON — A Massachusetts Appeals Court panel on March 13 vacated due to improper jury instructions a state court jury’s defense verdict rejecting all claims against a tobacco company brought by the widower of a smoker who started smoking around age 10 and died at age 65 from lung cancer and chronic obstructive pulmonary disease (COPD).

  • March 11, 2026

    FDA’s Draft Guidance Suggests New Approach To Flavored Vapes For Adults

    SILVER SPRING, Md. — The Food and Drug Administration issued new draft guidance, for which it is currently accepting comment, stating that the FDA is “open to evidence” that flavored e-cigarettes might help adult smokers quit and suggesting that it may grant premarket tobacco authorizations (PMTA) to such products for which sufficient evidence is submitted.

  • March 11, 2026

    ERISA Tobacco Surcharge Developments Include 2 More Dismissals

    As federal judges resolve dismissal motions in a wave of putative class Employee Retirement Income Security Act challenges to health plan tobacco surcharges, denials still predominate, but defendants won dismissal in two of the latest four rulings.

  • March 09, 2026

    ‘Fume’ Vape Consumers Ask Court To Reconsider Dismissal Of Florida Law Claim

    FORT LAUDERDALE, Fla. — Two users of Fume-brand vapes on March 6 filed a motion in Florida federal court asking a judge to reconsider his order dismissing with prejudice their putative class claim for violation of Florida’s consumer protection statute against the companies that make and market Fume, arguing that the claim relates to misleading marketing, not addiction to nicotine.

  • March 06, 2026

    5th Circuit Says FDA Vape Rules Don’t Unfairly Burden Smaller Companies

    NEW ORLEANS — A Fifth Circuit U.S. Court of Appeals panel rebuffed arguments by small e-liquid makers and a vaping industry association that they were unfairly burdened by federal regulation of vaping in violation of the Regulatory Flexibility Act (RFA) and affirmed a ruling upholding U.S. Food and Drug Administration regulations for new e-cigarette products.

  • March 05, 2026

    Synthetic Nicotine Pouch Maker Says FDA Treated Its Application Unfairly

    WASHINGTON, D.C. — A manufacturer of oral pouches containing synthetic nicotine filed a lawsuit in District of Columbia federal court accusing the federal government of violating the Administrative Procedure Act (APA) and the Regulatory Flexibility Act (RFA) by adopting unfair regulations for such products and not fairly reviewing its application for market authorization.

  • March 05, 2026

    4th Circuit Won’t Rehear Order Staying Virginia Vape Registry Injunction

    RICHMOND, Va. — A Fourth Circuit U.S. Court of Appeals panel denied two vape manufacturers’ petition for rehearing or rehearing en banc of the panel’s decision staying a lower court’s ruling enjoining Virginia from enforcing civil penalty provisions of its new tobacco products registry law, which the manufacturers claim will force them to close more than 100 retail locations and leave thousands of employees without work.

  • February 27, 2026

    Judge Gives Reasons For Juul Antitrust Class Ruling, Allows Reconsideration

    SAN FRANCISCO — A California federal judge on Feb. 26 issued a ruling providing the reasoning behind a previously issued short-form order certifying several classes of purchasers bringing antitrust claims against Juul Labs Inc. (JLI) and Altria Group Inc. for allegedly seeking to monopolize the e-cigarette market, and also granted a defense motion for reconsideration as to time limits on the class.

  • February 26, 2026

    $1.2M Judgment Entered In Favor Of Smoker’s Widow For Cancer Death

    NEW PORT RICHEY, Fla. — A Florida state court judge entered judgment in the amount of $1,225,000 with interest accruing, reflecting a jury verdict of $500,000 in compensatory damages and $725,000 in punitive damages against a tobacco company for causing the nicotine addiction and death from lung cancer of a Camel-cigarette smoker.

  • February 25, 2026

    Widower Says $225K For 14 Years Of Smoker’s COPD Was ‘Inadequate’

    FORT LAUDERDALE, Fla. — A smoker’s widower filed a motion in Florida state court for additur or a new trial on damages against R.J. Reynolds Tobacco Co. (RJR) after a jury returned a $675,000 verdict including $225,000 for the smoker’s pain and suffering, writing that the verdict is “inadequate as a matter of law” in view of evidence that the smoker suffered physically and mentally for 14 years after being diagnosed with chronic obstructive pulmonary disease (COPD), including after an organ transplant.