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Mealey's Tobacco

December 02, 2024
FDA Tells High Court It Properly Exercised Authority In Banning Flavored E-Cigs

WASHINGTON, D.C. — The Food and Drug Administration defended its decisions to ban certain flavored e-cigarette products in oral arguments on Dec. 2 before the U.S. Supreme Court, asserting that Congress granted it the power to determine which products are “appropriate for the protection of public health,” while some justices questioned the argument of flavored e-liquid makers that the FDA changed its standards for review.
December 02, 2024
Vaper Seeks Rehearing Of Claim For Exploding Battery That ‘Ruined His Hand’

SAN FRANCISCO — An e-cigarette user has petitioned the Ninth Circuit U.S. Court of Appeals for rehearing en banc after it affirmed the dismissal for lack of personal jurisdiction of his lawsuit against a South Korean battery maker for manufacturing and distributing a battery that allegedly exploded in his e-cigarette device, saying the Circuit Court’s decision was based on flawed “new precedent” that requires en banc review.
November 27, 2024
High Court Distributes Tobacco Company’s Challenge To Oregon Income Tax

WASHINGTON, D.C. — The U.S. Supreme Court on Nov. 26 distributed a petition for a writ of certiorari filed by a New Mexico tobacco company seeking review of an en banc Oregon Supreme Court decision upholding a state Tax Court’s levying of more than $1 million in net income tax from the company based on sales to in-state wholesalers, which the tobacco company says violated its immunity from such taxation under federal law.
November 26, 2024
Citing Loper Bright, Macy’s Again Seeks Dismissal In Tobacco Surcharge Lawsuit

COLUMBUS, Ohio — Amid a recent wave of at least 15 putative class actions challenging health plan tobacco surcharges, defendants in a similar suit the U.S. Department of Labor initiated seven years ago filed Nov. 25 motions in Ohio federal court calling Loper Bright Enterprises v. Raimondo “a landmark change in the law” that supports dismissing the remaining claims against them.
November 26, 2024
High Court To Review Delegated Oversight Of Telecommunications Subsidies

WASHINGTON, D.C. — The U.S. Supreme Court has granted two petitions for a writ of certiorari and consolidated cases concerning whether Congress violated the nondelegation doctrine by authorizing the Federal Communications Commission to delegate a subsidy program to a private entity, both arising out of the en banc Fifth Circuit U.S. Court of Appeals’ ruling that the program violates the “private nondelegation doctrine.”
November 25, 2024
Federal Circuit Agrees: Electronic Pipe Patent Anticipated By Prior Art

WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel on Nov. 22 affirmed a finding from the U.S. Patent Trial and Appeal Board (PTAB) in an inter partes review (IPR) brought by tobacco company Philip Morris Products SA and its American subsidiary, agreeing with the PTAB’s holding that multiple claims in a patent on an electronic smoking pipe product were patent ineligible for being anticipated by prior art.
November 25, 2024
High Court Won’t Review Tobacco Company, Retailers’ Challenge To Graphic Warnings

WASHINGTON, D.C. — The U.S. Supreme Court on Nov. 25 denied a petition for a writ of certiorari filed by tobacco companies and retailers opposing a Fifth Circuit U.S. Court of Appeals’ ruling upholding the Food and Drug Administration’s new graphic warnings requirement on tobacco products under the Tobacco Control Act (TCA). The petitioners’ challenge to the warnings in lower courts on administrative grounds remains pending.
November 22, 2024
Altria Group, United States Both Seek Judgment In $106M Foreign Tax Dispute

RICHMOND, Va. — The United States and tobacco company Altria Group Inc. entered new filings in Virginia federal court where they are disputing whether the U.S. Internal Revenue Service properly taxed Altria roughly $106 million for profits of a foreign entity it indirectly invested in under the Tax Cut and Jobs Act of 2017 (TCJA), with the United States filing a motion for relief or a deferral of discovery if the court denies its motion for judgment on the pleadings.
November 21, 2024
Zyn Maker Accused Of Anticompetitive Tactics To Dominate Nicotine Pouch Market

RICHMOND, Va. — A Zyn nicotine pouch consumer filed a putative class action in Virginia federal court accusing the pouch’s maker of violating state and federal antitrust laws and of unjust enrichment for allegedly conspiring with another tobacco company to create a monopoly, as well as intentionally slowing production of Zyns to artificially increase prices.
November 14, 2024
FDA Tells High Court 5th Circuit Violated Venue Rule In Menthol Vape Case

WASHINGTON, D.C. — The Food and Drug Administration in a Nov. 13 opening merits brief to the U.S. Supreme Court argues that a Fifth Circuit U.S. Court of Appeals panel clearly violated the Tobacco Control Act (TCA) by finding jurisdiction over a challenge to an FDA ban of menthol-flavored e-cigarette products brought by R.J. Reynolds Vapor Co. (RJRV) and affiliated entities, saying the ruling “invites unchecked forum shopping.”
November 11, 2024
NYC Sues Long Island Distributors Over Illegal Flavored Vape Sales

NEW YORK — New York City filed a lawsuit in New York federal court accusing a Long Island company and its owners and employees of violating federal, state and city laws by conducting online sales of flavored, disposable e-cigarette products, approximately 70% of which are resold in New York City without any payment of sales tax.
November 11, 2024
After Reversal, Smoker’s Widow Wins No Punitive Damages At Engle Retrial

WEST PALM BEACH, Fla. — A Florida jury awarded no punitive damages to a dead smoker’s widow on her Engle claims against R.J. Reynolds Tobacco Co. (RJR) after a retrial on punitive damages following the Fourth District Florida Court of Appeal’s reversal of an earlier $2 million punitive damages award in the widow’s favor. VIDEO FROM THE TRIAL IS AVAILABLE.
November 07, 2024
FDA Tells High Court E-Cig Companies, Amici Fail To Justify Ban’s Reversal

WASHINGTON, D.C. — The Food and Drug Administration on Nov. 6 filed its reply brief on the merits to the U.S. Supreme Court ahead of oral arguments next month, asserting that two flavored e-liquid makers and several amici curiae supporting them fail to properly defend an “aberrational” ruling by the Fifth Circuit U.S. Court of Appeals reversing an FDA ban of e-cigarette products, which is in the minority of a circuit split on the issue.
November 06, 2024
Amici Tobacco Companies Support FDA’s Delay Of Menthol Cigarette Ban

OAKLAND, Calif. — Philip Morris USA Inc. (PM) and R.J. Reynolds Tobacco Co. (RJR) filed amicus curiae briefs in California federal court in support of a motion by the Food and Drug Administration and affiliated agencies to dismiss a public health lawsuit demanding that the FDA enact a federal ban of menthol cigarettes, arguing that the plaintiffs lack standing and the FDA cannot be compelled to enact such a ban.
October 29, 2024
ZYN User Denies Nicotine Pouch Youth Marketing Claims Are Preempted

HARTFORD, Conn. — A consumer on Oct. 28 opposed a motion by Philip Morris International Inc. (PM) to dismiss as preempted his putative class action suit accusing it of violating Florida consumer protection statutes by deceptively advertising ZYN nicotine pouches as a “safer and healthier alternative to smoking” and targeting youth with its marketing and also opposed its motion to stay discovery.
October 24, 2024
Florida Panel Limits New Trial In Widower’s Engle Case To Spousal Damages

TALLAHASSEE, Fla. — The Fourth District Florida Court of Appeal on Oct. 23 issued an order on the scope of a new trial in an Engle case in which a dead smoker’s widower originally won $157 million, writing that the new trial should consider only the widower’s entitlement to compensatory damages under the state’s Wrongful Death Act based on new Florida Supreme Court precedent allowing surviving spouses to pursue noneconomic damages even if they married after the relevant injury manifested.
October 22, 2024
FDA Tells High Court New Graphic Warnings Reflect Will Of Congress

WASHINGTON, D.C. — The Food and Drug Administration and its federal codefendants on Oct. 21 filed a brief in the U.S. Supreme Court urging it to deny a petition for a writ of certiorari filed by tobacco companies and retailers who are challenging a Fifth Circuit U.S. Court of Appeals’ ruling upholding the Food and Drug Administration’s new graphic warnings requirement on tobacco products, asserting that the warnings are proper under the Tobacco Control Act (TCA).
October 21, 2024
Panel Strikes Down Oregon Vape Packaging Rules On Free Speech Grounds

SALEM, Ore. — An Oregon appellate court held that a state law prohibiting sales of any vape product deemed to be packaged in a manner attractive to minors violates the state constitution’s protection of free speech because it controls the packaging of products sold only to adults and remanded the suit.
October 21, 2024
Judge Grants FDA Request To Terminate Mandatory E-Cig Review Progress Reports

BALTIMORE — A Maryland federal judge on Oct. 18 entered a docket entry granting the Food and Drug Administration’s motion to remove a two-year-old requirement that FDA provide the court regular status reports on its progress reviewing premarket tobacco applications (PMTAs) for the nation’s top-selling e-cigarette brands, rejecting arguments by health groups and doctors that the reports are still needed.
October 18, 2024
Panel Rejects Tobacco Company’s Statutory Challenge To $8.8M Judgment

WEST PALM BEACH, Fla. — A Fourth District Florida Court of Appeal panel on Oct. 17 affirmed an $8.8 million judgment in favor of a dead smoker’s estate, rejecting a tobacco company’s argument that due to intervening appeals the judgment was rendered no longer final and therefore must be reduced to lost support and services damages of $295,000.
October 18, 2024
At Least 7 Recent ERISA Putative Class Actions Target Tobacco Surcharges

In the past month, at least seven putative class actions targeting surcharges that tobacco or nicotine users allegedly must pay to maintain health insurance have been filed under the Employee Retirement Income Security Act.
October 16, 2024
Citing Loper Bright, Amici Urge High Court To Uphold Reversal Of FDA’s E-Cig Bans

WASHINGTON, D.C. — E-cigarette makers, politicians, industry associations and economics groups filed eight amicus curiae briefs on Oct. 15 urging the U.S. Supreme Court to uphold the en banc Fifth Circuit U.S. Court of Appeals’ reversal of Food and Drug Administration bans of certain flavored e-cigarette products as arbitrary and capricious, with several amici arguing that the FDA’s bans conflict with Loper Bright Enterprises v. Raimondo.
October 15, 2024
Altria Group, United States Both Seek Judgment In $106M Foreign Tax Dispute

RICHMOND, Va. — Tobacco company Altria Group Inc. and the United States filed separate motions seeking entry of judgment in a dispute over whether the U.S. Internal Revenue Service owes Altria a roughly $106 million refund for in income taxes Altria says were “erroneously collected” based on taxation of profits earned by the foreign subsidiaries of a foreign company in which Altria held shares.
October 08, 2024
E-Cig MDL Plaintiffs Seek Authorization To Distribute $201M To 842K Class Members

SAN FRANCISCO — The plaintiffs in a California federal court multidistrict litigation who settled class personal injury and consumer protection claims against e-cigarette maker Juul Labs Inc. (JLI), tobacco company Altria Group Inc. and its subsidiaries for approximately $300 million filed a motion asking the court to authorize the distribution of $201 million in settlement funds to satisfy more than 842,000 valid claims.
October 08, 2024
Flavored E-Liquid Makers Urge High Court To Reject FDA Defense Of E-Cig Bans

WASHINGTON, D.C. — Two makers of e-cigarette products urge the U.S. Supreme Court in an Oct. 7 response brief to side with the en banc Fifth Circuit U.S. Court of Appeals in a circuit split over Food and Drug Administration bans of e-cigarette products and affirm the en banc court’s findings that FDA unfairly changed its requirements for vape product manufacturers and “committed prejudicial error” during the review process.