Swisher Sweets Cigars Class Action Settlement

UPDATE: The Swisher Sweets Cigars Class Action Settlement was granted final approval on July 26, 2019. Let Top Class Actions know when you receive your coupons in the comments section below or on our Facebook page.

Swisher International and Plaid Pantry have agreed to provide up to $2.5 million in cigar vouchers as part of a buy-one-get-one class action settlement.

The settlement will benefit consumers who purchased Swisher cigar products under “5 for the price of 3”; “3 for the price of 2”; “buy 1 get 1 free”; or “buy 4 get 1 free” promotions between Aug. 25, 2015 and Feb. 7, 2019.

In August 2016, a class action lawsuit was filed against Swisher International Inc., Plaid Pantry Inc., and Plaid Pantries Inc., claiming that Swisher cigarillos were advertised in a misleading fashion.

According to plaintiff J. Podawiltz, the product advertising violated the Oregon Unlawful Trade Practices Act.

The promotion of “5 for the price of 3” was reportedly misleading because it implied that five Swisher cigarillos could be purchased for the price of 3. However, consumers could reportedly purchase three individual cigarillos for less than the price of the 5 pack of cigarillos.

Podawiltz argued that promotions such as “5 for the price of 3”; “3 for the price of 2”; “buy 1 get 1 free”; or “buy 4 get 1 free” were false and only served to encourage consumers to purchase more products.

Class Members who file a valid claim will be eligible to collect up to five $1 vouchers to be used in future purchases of Swisher cigar products. The product vouchers will have a two year expiration date. Claims will be processed on a first-come, first-serve basis.

The defendants have agreed to provide up to $2.5 million in vouchers. The settlement will end when this cap is reached or when a year has passed since the first voucher distribution, whichever comes first.

The deadline to object to the settlement or exclude oneself from the settlement is July 19, 2019. The final approval hearing is scheduled for Aug. 9, 2019.

Who’s Eligible

Individuals who purchased Swisher Products under “5 for the price of 3”; “3 for the price of 2”; “buy 1 get 1 free”; or “buy 4 get 1 free” promotions between Aug. 25, 2015 and Feb. 7, 2019.

Potential Award

Up to $5 in Swisher cigar vouchers.

Proof of Purchase

Not required.

Claim Form

CLICK HERE TO FILE A CLAIM »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

10/4/2020

Case Name

Podawiltz v. Swisher International Inc., et al., Case No. 16-CV-27621, in the Circuit Court of Oregon for Multnomah County

Final Hearing

8/9/2019

Settlement Website

www.SwisherSweetsSettlement.com

Claims Administrator

Swisher Sweets Settlement
c/o JND Legal Administration
P.O. Box 91047
Seattle, WA 98111-9961
1-833-285-1326
info@SwisherSweetsSettlement.com

Class Counsel

Nancy A. Kulesa
LEVI & KORSINSKY LLP

Lori Feldman
GERAGOS & GERAGOS

Michael Fuller
OLSENDAINES

Robert Le
THE LAW OFFICES OF ROBERT LE

Defense Counsel

Counsel for Swisher:
Peter P. Hargitai
HOLLAND & KNIGHT LLP

Counsel for Plaid Pantry:
Milo Petranovich
LANE POWELL