ZYN was sued by consumers for causing addiction. The Florida court supported the claim and continued the trial.
A Florida court in the United States has allowed a class action lawsuit against Philip Morris International (PMI) and Swedish Match for ZYN products to enter the substantive trial stage. The plaintiffs claimed that ZYN attracted teenagers through flavors and misled them into being safer alternatives, leading to addiction and health damage. Although some of the fraud charges were dismissed, the company's main responsibility will still be pursued. PMI said it will continue to respond to the lawsuit.
A federal judge in Florida on March 19 has allowed key allegations in two consumer class-action lawsuits against Philip Morris and its Swedish Match unit to proceed. The lawsuits allege that its ZYN nicotine pouch products caused persistent health problems and were deceptively marketed, particularly to young people.
In a March 19 ruling, U.S. District Judge William P. Dimitrouleas partially granted the defendants’ motion to dismiss, dismissing a claim of fraudulent concealment because it lacked sufficient detail and failed to clearly establish a connection between the alleged misrepresentations and the plaintiff’s injuries.
However, the court upheld most of the allegations by consumers Zachary Kelly and Kovadis Palmer, including those involving design defects, failure to warn, and negligence. The judge also rejected Philip Morris International's efforts to dismiss the lawsuit for lack of jurisdiction, finding that the company's business activities in Florida, including the marketing and sale of ZYN products, provided sufficient basis for the federal court to hear the case.
The lawsuit alleges that Philip Morris and Swedish Match used enticing flavors to market ZYN to youth and deceptively promoted it as a safe alternative to smoking and vaping. The plaintiffs claim that the nicotine pouches contain pharmaceutical-grade nicotine that can cause long-term addiction and health risks.
Although the judge cut the fraud charges and denied the request for medical monitoring relief, he gave the plaintiffs a chance to amend their claims. Philip Morris International said it is reviewing the ruling and intends to "vigorously defend" the remaining claims.
Plaintiffs in the ZYN litigation allege that Philip Morris International and Swedish Match falsely represented that ZYN was a smoke-free nicotine replacement therapy that could replace cigarettes or e-cigarettes, even though the nicotine concentration levels in ZYN exceed those found in nicotine replacement therapies.
Kelly argued that he was not aware that ZYN was unreasonably dangerous when he began using the product. He said he is now addicted to the nicotine it contains and has suffered personal injuries as a result of using ZYN.
According to Law360, the judge previously dismissed the fraud allegations and the request for medical monitoring after a hearing in August 2024. The charges were reportedly dismissed without prejudice, giving the consumer a chance to amend the complaint.
Last year, an anonymous plaintiff filed a lawsuit against Philip Morris International and Swedish Match, making similar allegations that the companies deceptively marketed their ZYN nicotine pouches to teens and other consumers as healthy and a smoking cessation device.