Florida Judge Allows Key Claims in Zyn Lawsuits Over Deceptive Marketing
A Florida federal judge has given the green light for key claims to move forward in two consumer class action lawsuits against Philip Morris and its subsidiary, Swedish Match. The lawsuits allege that their Zyn nicotine pouches are deceptively marketed, especially to young people, and cause ongoing health issues.
U.S. District Judge William P. Dimitrouleas, in his March 19 ruling, partially granted the defendants’ motion to dismiss, rejecting a single claim of fraudulent concealment for lack of sufficient detail and a clear link between the alleged misrepresentation and the plaintiffs’ injuries. However, the court upheld the majority of the plaintiffs’ claims, including those for design defects, failure to warn, and negligence.
Plaintiffs Zachary Kelly and Kovadis Palmer, who filed the Zyn class action lawsuits, accuse Philip Morris and Swedish Match of targeting young people with appealing flavors and falsely promoting Zyn as a safe alternative to smoking and vaping. They allege that the pouches contain pharmaceutical-grade nicotine that leads to long-term addiction and health risks.
Kelly’s class action lawsuit states, “Like cigarettes and e-cigarettes, Zyns are designed to create and sustain an addiction to nicotine. Nicotine is the fundamental reason why people use these products. Nicotine is a highly addictive drug, just as addictive as cocaine and heroin. Kids, especially, are vulnerable to nicotine addiction.”
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Despite the court dismissing the fraud claim and denying medical monitoring relief, Judge Dimitrouleas allowed plaintiffs to revise their allegations. Philip Morris stated that it is reviewing the ruling and plans to “vigorously defend” itself against the remaining claims.
The plaintiffs argue that Philip Morris and Swedish Match falsely maintain that Zyn is a smokeless nicotine replacement therapy for cigarettes or e-cigarettes, despite the nicotine concentration levels in Zyn exceeding those found in nicotine replacement therapies. Kelly claims he was unaware of Zyn’s unreasonably dangerous characteristics when he began using the product and is now addicted to the nicotine, resulting in personal injuries.
This ruling follows a previous decision by the judge to dismiss claims of fraud and a demand for medical monitoring without prejudice, allowing consumers to amend their complaints. An anonymous plaintiff filed a similar class action lawsuit against Philip Morris and Swedish Match last year, alleging that the companies deceptively marketed Zyn Nicotine Pouches as healthy and a nicotine-cessation device to teens and other consumers.
As the class action lawsuits progress, the outcome could have significant implications for the marketing and sale of nicotine pouches and the responsibility of manufacturers to clearly inform consumers about the potential risks and addictive nature of their products. The cases also underscore the ongoing concern about the targeting of young people with flavored nicotine products and the need for stronger regulations to protect public health.
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