Class actions over addictive Zyn nicotine pouches can proceed, judge rules

Zyn addiction lawsuits overview:

• Who: U.S. consumers are suing Philip Morris and Swedish Match, the makers of Zyn nicotine pouches. 
• Why: Plaintiffs allege Zyn nicotine pouches are deceptively marketed to young people with enticing flavors while falsely promoting it as a safe alternative to smoking, despite its high levels of pharmaceutical-grade nicotine that can cause long-term addiction and health risks.
• Where: The Zyn class action lawsuits were filed in Florida federal court.

A Florida federal judge has allowed key claims to move forward in two consumer class action lawsuits targeting Philip Morris and its subsidiary, Swedish Match, over allegations that their Zyn nicotine pouches cause ongoing health issues and are deceptively marketed, especially to young people. 

In a March 19 ruling, U.S. District Judge William P. Dimitrouleas partially granted the defendants’ motion to dismiss, tossing a single claim of fraudulent concealment for lacking sufficient detail and a clear connection between the alleged misrepresentation and the plaintiffs’ injuries.

However, the court upheld the bulk of the plaintiffs’ claims, including those for design defects, failure to warn, and negligence. The judge also rejected Philip Morris’ efforts to dismiss the lawsuits for lack of jurisdiction, finding that the companies’ business activities in Florida, including marketing and selling Zyn, provided sufficient basis for the federal court to hear the case.

The Zyn class action lawsuits, filed by consumers Zachary Kelly and Kovadis Palmer, accuse Philip Morris and Swedish Match of marketing Zyn to young people using appealing flavors and deceptively promoting it as a safe alternative to smoking and vaping. The plaintiffs allege the pouches contain pharmaceutical-grade nicotine that leads to long-term addiction and health risks.

“Like cigarettes and e-cigarettes, Zyns [small, flavored nicotine pouch that users place in their mouths] are designed to create and sustain an addiction to nicotine. Nicotine is the fundamental reason why people use these products,” Kelly’s class action lawsuit states. 

“Nicotine is a highly addictive drug, just as addictive as cocaine and heroin. Kids, especially, are vulnerable to nicotine addiction. Nine out of ten nicotine users start by the age of 18, and more than 80% who begin as teens will continue into adulthood. Defendants know this.” 

Despite trimming the fraud claim and denying medical monitoring relief, the judge gave plaintiffs an opportunity to revise their allegations. Philip Morris said it is reviewing the ruling and intends to “vigorously defend” itself against the remaining claims.

Zyn nicotine pouch products have unreasonably dangerous characteristics, suits claim

Plaintiffs in the Zyn lawsuits allege Philip Morris and Swedish Match falsely maintain Zyn is a smokeless nicotine replacement therapy from cigarettes or e-cigarettes, despite the nicotine concentration levels in Zyn exceeding the levels found in nicotine replacement therapies.

Kelly argues he did not know about Zyn’s unreasonably dangerous characteristics when he began using the product. He says he is now addicted to the nicotine contained in Zyn and has suffered personal injuries as a result of his Zyn use.

The judge previously dismissed claims of fraud and a demand for medical monitoring, following a hearing last August, reports Law360. 

The claims were reportedly dismissed without prejudice, giving the consumers an opportunity to amend their complaints. 

An anonymous plaintiff filed a class action lawsuit against Philip Morris and Swedish Match last year over similar claims the companies deceptively marketed to teens and other consumers that their Zyn Nicotine Pouches were healthy and a nicotine-cessation device. 

Have you ever been injured by using Zyn nicotine pouch products? Let us know in the comments.

The Zyn lawsuits are Kelly v. Philip Morris International Inc., et al., Case No. 0:24-cv-60437, and Palmer v. Philip Morris International Inc. et al., Case No. 0:24-cv-60522, both in the U.S. District Court for the Southern District of Florida.

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