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Mealey's Tobacco

October 09, 2023
New Mexico Jury Rejects Smoker’s Estate’s Claims Against Tobacco Company

SANTA FE, N.M. — A New Mexico state court jury returned a defense verdict after rejecting a smoker’s estate’s claims that a tobacco company was negligent, conspired to conceal the risks of smoking or that the company and a local retailer provided the smoker with a defective product that caused his death in 2021 from starvation and suffocation resulting from surgeries and treatments he received for oral cancer. VIDEO FROM THE TRIAL IS AVAILABLE.
October 06, 2023
Boston Jury Awards $200M To Estate Of Smoker Hooked By Free Samples As Child

BOSTON — A Massachusetts state court jury awarded the estate of a dead smoker $50 million in compensatory damages and $150 million in punitive damages after hearing evidence that the smoker died from lung cancer decades after she was hooked by a tobacco company marketing scheme involving distribution of free samples to teenagers. VIDEO FROM THE TRIAL IS AVAILABLE.
October 04, 2023
Damages Owed By Cigarette Brands Buyer Must Go To Trial, Vice Chancellor Says

WILMINGTON, Del. — A vice chancellor of the Delaware Chancery Court granted summary judgment in favor of Reynolds American Inc. and R.J. Reynolds Tobacco Co. (collectively, RJR) on its “entitlement to indemnification for the settlements payments made to Florida” under a state settlement that arose out of brands it previously sold to ITG Brands LLC, currently worth more than $198 million, but said the case must proceed to trial to “determine the precise amount that Reynolds may recover.”
October 04, 2023
FDA Appeals Vacatur Of Premium Cigar Rules To D.C. Circuit

WASHINGTON, D.C. — The Food and Drug Administration, the U.S. Department of Health and Human Services and their secretaries appealed to the District of Columbia Circuit U.S. Court of Appeals a federal judge’s order of vacatur, issued subsequent to a ruling that the FDA’s rules for premium cigar regulation are “arbitrary and capricious” and were issued without consideration of “pertinent evidence.”
October 04, 2023
Smoker’s Estate Tells Jury Tobacco Company Concealed Cancer Risks

SANTA FE, N.M. — A smoker’s estate told a New Mexico state court jury during opening arguments that a tobacco company’s concealment of the health risks of its products caused a Marlboro smoker’s death from cancer, while a lawyer for the tobacco company contended that the smoker chose to go back to cigarettes and continued smoking after his father died of a smoking-related disease. VIDEO FROM THE TRIAL IS AVAILABLE.
October 03, 2023
Judge: Synthetic Nicotine Sellers Unlikely To Prove FDA Illegally Refused PMTAs

TYLER, Texas — A Texas federal judge rejected a synthetic nicotine products company and its retailer’s motion for a preliminary injunction against the Food and Drug Administration in relation to its refusal to accept (RTA) orders issued in response to the companies premarket tobacco product applications (PMTAs), finding the plaintiffs unlikely to succeed on the merits as FDA does not appear to have violated the Administrative Procedure Act (APA).
September 29, 2023
Supreme Court Asks California To Respond To Flavored Tobacco Ban Challenge

WASHINGTON, D.C. — The U.S. Supreme Court on Sept. 28 requested that California’s attorney general and the San Diego County district attorney respond to a petition for a writ of certiorari filed by tobacco companies and a retailers’ association that are challenging California’s voter-backed ban of flavored tobacco products.
September 29, 2023
Dunkin’ Donuts Files Infringement Action Against E-Cig Company For ‘Vapin’ Logo

BROOKLYN, N.Y. — The parent company of the Dunkin’ Donuts chain and an affiliated company are suing an e-cigarette company and its CEO in New York federal court for trademark infringement, alleging that the defendants are illegally using a Dunkin’ Donuts-style logo design to boost sales of their “Vapin’ Donuts” e-cigarette products.
September 27, 2023
Vape Companies Liable For Underage Sales In Chicago, Judge Rules

CHICAGO — An Illinois federal judge granted in part and denied in part cross-motions for summary judgment filed by the city of Chicago and two Minnesota vape companies and their owner, finding the companies liable for sales of vape products to customers under age 21 in violation of Chicago law but ruling that their owner cannot be held liable individually and that the companies’ use of online age-verification systems does not constitute an unfair business practice.
September 22, 2023
Judge Certifies Classes Of Smokers Deceived By American Spirits ‘Natural’ Claims

ALBUQUERQUE, N.M. — A New Mexico federal judge published the redacted version of his opinion granting in part a motion to certify a class of smokers accusing three tobacco companies of mislabeling American Spirit-brand cigarettes as “natural” and “additive-free,” shortly after three tobacco companies petitioned the 10th Circuit U.S. Court of Appeals for permission to challenge the certification order, which was previously issued to the parties under seal.
September 20, 2023
Judge Dismisses Ethanol Seller’s Suit Against Juul For Discriminatory Kit Sales

CHICAGO — An Illinois federal judge granted a motion filed by Juul Labs Inc. (JLI) and one of its wholesalers to dismiss claims brought against them by a company that sells ethanol fuel blends and contends that JLI violated antitrust law by canceling plans to sell JLI e-cigarette products in a kit that included its ethanol fuel.
September 20, 2023
Juul MDL Judge Approves $255M Settlement, Rejects All ClaimClam Claims

SAN FRANCISCO — The California federal judge overseeing the multidistrict litigation against e-cigarette maker Juul Labs Inc. (JLI) on Sept. 19 issued a final approval of a $255 million class settlement resolving economic loss claims brought against JLI on behalf of roughly 6.3 million class members and approved the rejection of “tens of thousands” of purported class members who filed claims through a third-party website while granting those individuals an extension to file timely claims.
September 19, 2023
Supreme Court Distributes Tobacco Companies’ Challenge To California Flavor Ban

WASHINGTON, D.C. — The U.S. Supreme Court distributed for conference a petition for a writ of certiorari filed by tobacco companies and a retailers’ association that are challenging California’s voter-backed ban of flavored tobacco products after California officials waived their right to respond.
September 18, 2023
Government Urges High Court To Uphold ‘Bedrock Principle’ Of Chevron Deference

WASHINGTON, D.C. — The U.S. secretary of Commerce, two National Oceanic and Atmospheric Administration (NOAA) officials and the National Marine Fisheries Service (NMFS) (collectively, the government) urge the U.S. Supreme Court in a Sept. 15 brief to not overrule the doctrine of Chevron deference in a challenge to fishery regulations that were upheld by the District of Columbia Circuit U.S. Court of Appeals, writing that doing so could “cause disruption” to complex federal regulatory schemes.
September 15, 2023
Panel Confirms Patentability Of E-Cigarette Technology In Blow To Philip Morris

WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals ruled Sept. 15 that substantial evidence supports a final written decision by the Patent Trial and Appeal Board that rejected Philip Morris Products S.A.’s assertions that a patented e-cigarette would have been obvious to a person of skill in the art (POSITA).
September 15, 2023
9th Circuit Won’t Rehear Flavored Vape Company’s Challenge To FDA Ban

SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Sept. 14 denied a combined petition for panel or en banc rehearing of a flavored vape company’s challenge to the Food and Drug Administration’s ban of its products, which a panel previously rejected after finding that the FDA properly informed the company of its standards before banning their products.
September 14, 2023
Judge Dismisses $100M Suit Against Tobacco Company For Causing Man’s Addiction

FLORENCE, S.C. — A South Carolina federal judge dismissed with prejudice a pro se plaintiff’s personal injury lawsuit demanding $100 million from a tobacco company after adopting in full a magistrate judge’s report and recommendation and finding the plaintiff’s suit deficient, in part because his claim that he was unaware of the health risks of smoking until June 2020 is “implausible.”
September 13, 2023
Philip Morris Appeals Order Applying Old Warnings To New Products To D.C. Circuit

WASHINGTON, D.C. — Philip Morris USA Inc. (PM) on Sept. 12 filed notice in a District of Columbia federal court that it is appealing to the District of Columbia Circuit U.S. Court of Appeals a ruling that its new “HeatSticks” tobacco products are bound by the same “corrective statements” remedy imposed on tobacco companies in 2006 after they were found liable for a racketeering scheme to conceal the health risks of cigarettes.
September 12, 2023
Altria, United States Ask To Stay Taxation Suit Pending High Court Ruling

RICHMOND, Va. — Tobacco company Altria Group Inc. on Sept. 11 filed an unopposed motion to stay its action against the United States seeking a refund of roughly $106 million in income taxes that Altria says the U.S. Internal Revenue Service “erroneously collected” based on taxation of Altria’s foreign holdings, writing that the case should be stayed pending a U.S. Supreme Court ruling on a related constitutional question.
September 11, 2023
E-Cig Buyers File Amended Antitrust Complaint Against Juul And Altria

SAN FRANCISCO — Purchasers of Juul Labs Inc. (JLI) e-cigarette and vaping products filed an amended antitrust class complaint in California federal court accusing JLI and Altria Group Inc. of artificially increasing prices based on anti-competitive conduct after a stay on the litigation was lifted following the Federal Trade Commission’s withdrawal of its antitrust complaint against the two companies.
September 11, 2023
Esco Bar E-Cigarette Maker Accuses FDA Of Wrongfully Banning Its Products

AUSTIN, Texas — The manufacturer of Esco Bar-brand disposable, synthetic nicotine e-cigarettes filed a complaint in Texas federal court accusing the Food and Drug Administration of improperly refusing to accept its premarket tobacco applications (PMTAs), writing that “FDA ignored relevant evidence, never articulated any lawful grounds for denying the PMTAs, and violated . . . its own regulations and guidance.”
September 08, 2023
Juul MDL Judge Gives Preliminary OK To $45M Settlement Against Altria

SAN FRANCISCO — The California federal judge overseeing multidistrict e-cigarette litigation on Sept. 7 granted the lead plaintiffs’ motion for preliminary approval of a settlement resolving all remaining claims in the MDL for more than $45 million against Altria Group Inc. and its subsidiaries for the economic losses of class members who purchased Juul Labs Inc. (JLI) e-cigarettes.
September 06, 2023
Smoker’s Daughter Says Court Reversibly Erred By Not Summoning Jurors Over 70

TALLAHASSEE, Fla. — A deceased smoker’s daughter writes in an appellant brief to the First District Florida Court of Appeal that it should reverse a defense verdict rejecting her wrongful death Engle lawsuit against two tobacco companies based on the trial court not summoning any potential jurors over age 70.
August 30, 2023
2nd Circuit Won’t Rehear Flavored Pod Maker’s Challenge To FDA Ban

NEW YORK — The Second Circuit U.S. Court of Appeals denied a flavored e-cigarette pod manufacturer’s petition for panel or en banc rehearing of its petition for review of the Food and Drug Administration’s marketing denial order (MDO) banning sales of the manufacturer’s products.
August 30, 2023
D.C. Circuit Vacates FDA Ban Of Blu Unflavored Vapes, Upholds Ban Of Flavors

SAN FRANCISCO — A District of Columbia Circuit U.S. Court of Appeals panel on Aug. 29 granted in part the manufacturer of “blu” vapes’ petition for review of a Food and Drug Administration ban of its products, vacating the ban of the manufacturer’s unflavored products as “arbitrary” but upholding the ban of flavored products while separately denying a second petition the company filed as untimely.