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Mealey's Tobacco

  • March 06, 2025

    Kentucky Urges 6th Circuit To Reject Vape Businesses’ Tobacco Law Challenge

    CINCINNATI — Kentucky state officials filed a brief to the Sixth Circuit U.S. Court of Appeals urging it to reject an emergency motion filed by a vaping industry association and two vape businesses that are asking the Circuit Court to enjoin a state law that would bar the sale of vaping products not authorized by the U.S. Food and Drug Administration.

  • March 05, 2025

    R.J. Reynolds Wins $251M For Florida Payments On Brands It Sold

    WILMINGTON, Del. — A vice chancellor of the Delaware Chancery Court ruled that ITG Brands LLC must pay Reynolds American Inc. and R.J. Reynolds Tobacco Co. (collectively, RJR) more than $251 million in damages plus pre- and postjudgment interest representing the payments RJR has been required to pay Florida for sales of cigarette brands that ITG previously bought from RJR.

  • March 03, 2025

    Judge Grants Summary Judgment On Tribe’s Challenge To Federal Tobacco Rules

    RIVERSIDE, Calif. — A California federal judge granted a motion for summary judgment filed by U.S. government agencies and officials including the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), finding they did not act improperly by deeming a Native American tribe-owned tobacco business out of compliance with the Prevent All Cigarette Trafficking (PACT) Act based on its allegedly untaxed sales to nontribal members.

  • March 03, 2025

    Vape Seller Can’t Get Jury Review While FDA Penalty Remains Pending

    WASHINGTON, D.C. — A District of Columbia federal judge denied a vape company’s motion for preliminary injunction and granted the Food and Drug Administration’s motion for summary judgment on the vape company’s claim that it is constitutionally entitled to a jury trial prior to FDA’s issuance of a civil penalty against it for selling an allegedly adulterated tobacco product.

  • March 03, 2025

    Lawmaker’s Suit Against Tobacco Companies Over Vape Lobbying Dismissed

    HELENA, Mont. — A Montana federal judge granted a state legislator’s request to dismiss with prejudice his lawsuit accusing tobacco companies of violating a 1998 Master Settlement Agreement (MSA) by lobbying the state to allow certain vape products to be sold allegedly in contradiction of their MSA obligations and in furtherance of an alleged monopoly, after previously denying the legislator’s motion for a preliminary injunction.

  • March 03, 2025

    Panel Affirms $6M Verdict For Dead Smoker’s Kids, Rejects ‘Forgery’ Theory

    MIAMI — The Florida Third District Court of Appeal affirmed a $6 million verdict in favor of a dead smoker’s children against a tobacco company, finding that the trial court did not abuse its discretion by admitting evidence regarding the smoker’s diagnosis of chronic obstructive pulmonary disease (COPD) that was contested by the smoker’s own physician.

  • February 26, 2025

    Massachusetts Wrongful Death Judgment For Smoker’s Estate Reduced By $20 Million

    SPRINGFIELD, Mass. — A Massachusetts state court entered an amended judgment of approximately $86.6 million against a tobacco company in favor of the estate of a smoker who died from lung cancer, after a state court justice agreed to amend the judgment to correct an “error” that led to a previously entered judgment worth more than $105 million comprising a jury verdict, an incorrectly large attorney fees award and a posttrial $20 million award for deceptive and unfair conduct that the justice trebled under state law.

  • February 25, 2025

    Vape Association, Sellers Urge 6th Circuit To Enjoin Kentucky Vape Law

    CINCINNATI — A vaping industry association and two vape businesses filed an emergency motion to the Sixth Circuit U.S. Court of Appeals asking it to enjoin a new Kentucky law barring sales of vaping products not authorized by the Food and Drug Administration from taking effect, following a federal judge’s dismissal of their suit for lack of standing.

  • February 20, 2025

    New York State Sues Flavored E-Cig Companies For Causing Youth Health ‘Crisis’

    NEW YORK — The New York Attorney General’s Office on Feb. 20 filed a complaint in the U.S. District Court for the Southern District of New York accusing multiple sellers of violating state and federal laws and creating a public nuisance by selling flavored e-cigarettes, including disposable vape products, and causing “a public health crisis among its youth.”

  • February 20, 2025

    Lawmaker Serves Tobacco Companies He Accuses Of Improper Vape Lobbying

    HELENA, Mont. — A Montana state lawmaker who is a vape shop owner on Feb. 19 filed notice in Montana federal court against tobacco companies he contends are violating a 1998 Master Settlement Agreement (MSA) they entered into with the United States by lobbying the state to allow their vape products to be sold.

  • February 13, 2025

    Mistrial Over References To Adopted Kids Denied In Smoker’s Wrongful Death Suit

    WOBURN, Mass. — A Massachusetts state court justice denied a motion filed by two tobacco companies and two retailers for a mistrial based on “‘emotional’” references to children with health issues adopted by a dead smoker and his widow prior to the smoker’s death at age 54 from lung cancer, writing that the references took up only a small portion of an hourlong opening statement. VIDEO FROM THE TRIAL IS AVAILABLE.

  • February 13, 2025

    FDA’s Vape Rules Not Unfairly ‘Burdensome’ To Small E-Liquid Makers, Judge Says

    SHERMAN, Texas — A Texas federal judge on Feb. 12 denied summary judgment sought by small e-liquid makers and a vaping industry association that claimed that the Food and Drug Administration’s regulation of vaping is so “burdensome” that it effectively bars small companies from entering the market and granted the FDA’s cross-motion for summary judgment.

  • February 12, 2025

    Vape Sellers, Rhode Island Dismiss Challenge To Flavored E-Cig Ban

    PROVIDENCE, R.I. — Two vape shop owners and the Rhode Island Attorney General’s Office on Feb. 11 filed a joint stipulation of dismissal of the vape shop owners’ lawsuit in the U.S. District Court for the District of Rhode Island seeking to block a new state law banning sales of all flavored vape products in the state, which took effect at the beginning of the year.

  • February 10, 2025

    Justice Partly Amends Judgment For Smoker’s Death, Denies Claim Of Extreme ‘Bias’

    SPRINGFIELD, Mass. — A Massachusetts state court justice on Feb. 7 agreed that a previously entered judgment worth more than $105 million in favor of the widower of a dead smoker should be amended to reduce the attorney fees award and recalculate the trebled damages award but otherwise maintained the judgment, which the tobacco company had in part claimed was evidence of “extreme bias.”

  • February 07, 2025

    Smoker’s Malpractice Settlement Precludes Widow’s Wrongful Death Suit, Panel Says

    MIAMI — A Fourth District Florida Court of Appeal panel on Feb. 6 affirmed a trial court’s entry of summary judgment for a cigarette company on Engle claims brought against it by a widow for causing her husband’s lung cancer and death, which the trial court deemed precluded by the husband’s previous settlement of medical malpractice claims against his cancer doctor.

  • February 07, 2025

    FDA Wants High Court To ‘Hold’ Vape Ban Petition Pending Earlier Vape Case

    WASHINGTON, D.C. — The Food and Drug Administration urges the U.S. Supreme Court in a reply in support of its petition for a writ of certiorari to hold its petition challenging the Fifth Circuit U.S. Court of Appeals’ reversal of FDA bans issued to several flavored e-liquid companies pending the high court’s ruling in Food and Drug Administration v. Wages & White Lion, as it says that decision will impact how it addresses a remand ordered by the Fifth Circuit.

  • February 06, 2025

    Smoker’s Daughter Waived Elder Juror Exclusion Challenge, Panel Says

    TALLAHASSEE, Fla. — The First District Florida Court of Appeal on Feb. 5 affirmed a defense verdict rejecting a wrongful death suit brought by a deceased smoker’s daughter against two tobacco companies, writing that she failed to timely raise or preserve her objection to the fact that the trial court did not summon any potential jurors over the age of 70.

  • February 06, 2025

    ‘Racial Targeting’ Argument Tainted $34 Million Verdict, Tobacco Company Says

    TALLAHASSEE, Fla. — A tobacco company argues in an appellant brief filed in a Florida appellate court that a jury’s $34 million verdict against it for the death of a 38-year-old smoker with cancer that allegedly caused a brain hemorrhage should be reversed in part because the smoker’s estate made improper, inflammatory arguments that the company “‘targeted’ black males” with its marketing.

  • February 03, 2025

    Judge Dismisses Vape Association, Sellers’ Challenge To Kentucky Law

    FRANKFORT, Ky. — A Kentucky federal judge dismissed for lack of standing a lawsuit filed by a vaping industry association and two vape businesses that sought to enjoin a new Kentucky law barring sales of vapor products not authorized by the Food and Drug Administration, rejecting the plaintiffs’ argument that they have a legally protected interest in the right to sell “illegal products.”

  • February 03, 2025

    D.C. Circuit Affirms Vacatur Of FDA’s Premium Cigar Rules

    WASHINGTON, D.C. — The District of Columbia Circuit U.S. Court of Appeals affirmed a judge’s vacatur of Food and Drug Administration’s rules for premium cigar regulation as “arbitrary and capricious” in violation of the Administrative Procedure Act (APA) and agreed that vacatur was the appropriate remedy but reversed as to the court’s definition of “premium cigars” and remanded for the parties to address that issue.

  • January 30, 2025

    Iowa Urges Rejection Of Synthetic Nicotine Sellers’ Vape Regulation Challenge

    DES MOINES, Iowa — The Iowa Department of Revenue and its director on Jan. 29 filed a brief in Iowa federal court opposing a motion by a vaping advocacy association and five businesses to preliminarily enjoin the state’s new law regulating sales of e-cigarettes from going into effect next week, arguing that the law is proper under the state’s police powers and denying that synthetic nicotine vapes will be treated unequally under the law.

  • January 29, 2025

    Tobacco Company, Retailer Settle Wrongful Death Suit Brought By Widower

    SPRINGFIELD, Mass. — A tobacco company, retailer and the widower of a dead smoker settled a wrongful death suit brought in Massachusetts state court by the widower the day after openings in the trial were held regarding the widower’s claims that they are liable for his wife’s death from lung cancer at age 59 after she got hooked on smoking when she was given free samples of cigarettes as a 14-year-old.

  • January 28, 2025

    Mass. Justice Trebles Damages, Enters $105M Judgment For Smoker’s Cancer Death

    SPRINGFIELD, Mass. — A Massachusetts state court justice entered judgment worth roughly $105 million in favor of the widower of a smoker who got hooked on cigarettes after being handed a free sample at age 12 and died from lung cancer at age 59, after adding attorney fees and interest to the jury’s $10.6 million verdict, then adding additional trebled damages due to the tobacco company’s “unfair and deceptive trade practices.”

  • January 21, 2025

    Justices Debate Tobacco Control Act’s Venue Provision In ‘Forum Shopping’ Row

    WASHINGTON, D.C. — The U.S. Supreme Court on Jan. 21 heard oral arguments in a petition brought by the U.S. Food and Drug Administration, the Department of Health and Human Services and their respective secretaries (collectively, FDA) who argue that the Fifth Circuit U.S. Court of Appeals has improperly allowed “forum shopping” by permitting out-of-circuit e-cigarette manufacturers to challenge federal regulations in the circuit of local retailers with more appealing precedents.

  • January 21, 2025

    Massachusetts High Court Upholds Fine Against Store For Flavored Cigar Sale

    BOSTON — The Massachusetts Supreme Judicial Court affirmed a $1,000 fine levied against a convenience store in Braintree, Mass., for violating the state’s ban on the sale of flavored tobacco products by having an open box of flavored “Black & Mild” cigars on the shelf behind the cash register.