Phillip Morris International Inc. and Swedish Match North America, LLC are facing a class action lawsuit over allegations of misleading customers about the health benefits of their Zyn line of smokeless nicotine products.
The suit was filed March 29 in the U.S. District Court for the Eastern District of California in Sacramento by attorneys L. Timothy Fisher and Brittany S. Scott from Bursor & Fisher P.A., of Walnut Creek.
The complaint was filed on behalf of a lead plaintiff, identified only as John Doe, of Rancho Cordova.
The plaintiffs seek to expand the action to include everyone in the U.S. who used Zyn products. The lawsuit claims that Zyn products are still addictive despite allegedly being marketed as not harmful.
The complaint alleges that Zyn products merely provide a new delivery mechanism for addictive nicotine, but are deceptively promoted as healthy and as a nicotine-cessation device. It further accuses the defendants of specifically targeting adolescents and young adults with their marketing strategies.
Zyn products include various flavors such as Wintergreen, Spearmint, Cool Mint, Citrus, Peppermint, Cinnamon, Smooth, Chill, Coffee and Menthol. They are sold in containers allegedly designed to resemble mint tins. The complaint asserts the pouches themselves allegedly resemble pieces of gum.
The lawsuit claims the defendants have allegedly violated California consumer protection and false advertising laws, while allegedly committing common law fraud.
The plaintiffs are asking the court to order the defendants to pay unspecified damages, including compensatory damages, restitution and punitive damages, plus attorney fees.