PMI and Swedish Match filed to have a lawsuit involving Zyn nicotine pouches thrown out. Photo credit: Aphis Marta, CC4.0.
Philip Morris International Inc. (PMI) and Swedish Match North America LLC asked a Connecticut federal judge to throw out a lawsuit accusing them of falsely marketing nicotine pouches as safe and targeting minors, reports USA Herald. In their filing, PMI argued that federal law overrides the lawsuit, as the US Food and Drug Administration (FDA) has approved the labeling for their ZYN nicotine pouches.
Philip Morris argues that the lawsuit filed by Florida resident Ethan Norris challenges the FDA-approved labeling of ZYN pouches. The company claims that under the 2009 Family Smoking Prevention and Tobacco Control Act (TCA), federal law preempts any state attempts to impose additional labeling requirements beyond those set by the FDA. Therefore, they assert that Norris' claims of misleading marketing must be dismissed.
In a separate motion, Swedish Match North America supports Philip Morris' preemption arguments and also questions the court's jurisdiction. Swedish Match contends that since Norris is a Florida resident who bought and used the products in Florida, the case has no direct ties to Connecticut.
In the lawsuit filed in July, Ethan Norris accuses Philip Morris and Swedish Match of marketing Zyn nicotine pouches to adolescents by promoting them as a healthier alternative to tobacco. He claims the companies misled consumers by emphasizing the pouches' "food-grade flavorings" and "natural additives," implying they were safe for use. Norris also alleges that the companies used social media influencers to specifically target younger audiences.
PMI countered that Norris’ fraud claims are too vague, arguing that he fails to specify which advertisements he saw, where he saw them, or how they influenced his actions, making it difficult for the company to respond. They also assert that Zyn’s labeling clearly indicates the product contains nicotine and that nicotine is an addictive chemical, which they believe provides adequate warning to any reasonable consumer.
The company also argued that Norris lacks standing to seek injunctive relief, stating that since he now has the information he claimed was withheld, he no longer faces a risk of future deception. The company also contended that Norris’ allegations of misleading ads promoting “glamour” and “athleticism” are not enough to persuade a reasonable consumer that the product is safe or healthy.
Additionally, PMI rejected claims that Zyn was marketed as an FDA-approved smoking cessation device, asserting that none of their marketing materials made such representations.