December 2025: Florida Judge Lets Deceptive Trade Claim Stand in Zyn Lawsuit
A federal judge in Florida refused to dismiss a deceptive business practices claim in a lawsuit against Philip Morris International (PMI) over its marketing of ZYN nicotine pouches, allowing that portion of the case to proceed. The plaintiffs allege that ZYN was marketed as “tobacco-free” even though the nicotine it contains is derived from tobacco, and they say that this labeling could mislead consumers about the product’s risks and safety. The judge rejected PMI’s argument that the claim was merely a disguised fraud claim and instead found that the allegations were sufficient at this stage to survive a motion to dismiss under Florida’s deceptive trade practices laws. This ruling means the deceptive trade claim will remain part of the litigation rather than being dismissed early. The broader suit includes other allegations against PMI and its subsidiary Swedish Match North America related to the marketing and health effects of ZYN nicotine pouches.
November 2025: Fresh Class-Action Targets ZYN for Deceptive Advertising and Youth Appeal
A proposed class-action lawsuit (Siegert v. Swedish Match North America, et al.), filed September 2025, accuses Philip Morris International (PMI) of false advertising around ZYN nicotine pouches. The core of the complaint is that ZYN is marketed as “tobacco-free,” while, according to the plaintiffs, the nicotine in the pouches is in fact derived from tobacco. The lawsuit cites studies finding harmful compounds – like formaldehyde, ammonia, nickel, and chromium – in ZYN pouches, which are typically associated with tobacco, not synthetic nicotine. The plaintiffs also argue that ZYN contains carcinogenic tobacco-specific nitrosamines (TSNAs), such as NNN and NNK, which are strongly linked to cancer (e.g., esophageal tumors). According to the suit, labeling the pouches as “tobacco-free” misleads consumers into thinking they are safer than traditional tobacco products, when they may still pose serious health risks.
Beyond the “tobacco-free” claim, the lawsuit challenges how ZYN discloses nicotine strength. The packaging lists nicotine in milligrams (e.g., 3 mg or 6 mg per pouch), which the plaintiffs argue doesn’t help most users understand how much nicotine they’re actually absorbing or how it compares to other products. The complaint further contends that ZYN pouches are engineered for high absorption, meaning users may absorb more nicotine from them than from a cigarette, increasing the risk of dependence. Importantly, the lawsuit also raises concerns about youth-targeted marketing; it alleges that ZYN’s advertising – featuring young adult models, social gatherings, and lifestyle imagery – appeals directly to teenagers and young adults. The plaintiffs claim these “predatory” tactics, combined with flavor variety, encourage underage use, despite legal age restrictions. They also cite data showing FDA warnings: between October 2023 and February 2024, 119 warning letters and 41 civil penalty complaints were issued to retailers for selling ZYN to under-21 customers.
September 2025: ZYN-owner, Philip Morris International ditches the monopolization lawsuit
A U.S. federal judge has dismissed a proposed class action lawsuit against Philip Morris International (PMI) and its subsidiary Swedish Match, the maker of ZYN nicotine pouches, rejecting claims that the companies conspired to overcharge consumers by monopolizing the oral nicotine pouch market. The suit, filed in the Eastern District of Virginia, alleged that Philip Morris’s $16 billion acquisition of Swedish Match in 2022 eliminated competition and enabled the company to inflate ZYN’s prices. The Judge, however, found that the plaintiffs failed to plausibly demonstrate that the merger caused any anticompetitive harm, noting the absence of concrete evidence showing price increases, reduced innovation, or changes in Swedish Match’s market share. The ruling dismissed the claims with prejudice, preventing the plaintiffs from refiling.
The decision underscores how U.S. courts apply antitrust law in fast-evolving consumer markets, requiring more than broad allegations of high prices or large market share. In modern antitrust cases, particularly those involving new categories such as nicotine pouches, plaintiffs must provide clear economic evidence of harm – such as reduced consumer choice or suppressed competition – to advance beyond the pleading stage. This is particularly relevant given ZYN’s unique regulatory advantage: it remains the only nicotine pouch brand in the United States authorized by the Food and Drug Administration, a status that could reinforce its market dominance. While the dismissal is a victory for PMI, it highlights the growing legal and regulatory scrutiny facing nicotine pouch makers, as policymakers continue to weigh competition concerns in markets where consumer demand is booming and regulatory approvals are limited.
June 2025: ZYN nicotine addiction lawsuits to be consolidated for Discovery Proceedings
A U.S. District Court determined that a series of ZYN nicotine addiction lawsuits brought over the past few months should be consolidated before one single judge, to coordinate discovery and other pretrial proceedings into the claims. There are currently at least four ZYN lawsuits pending in the U.S. District Court for the Southern District of Florida, each involving allegations that Philip Morris International (PMI) and its affliates should be held accountable for deceptively marketing ZYN to minors, falsely promoting it as a tool to quit nicotine and causing life-long nicotine addiction among young users of the flavored nicotine pouches. The plaintiffs all raise allegations of design defect, strict liability, failure to warn and negligence against PMI. They are seeking damages to compensate for injuries, as well as punitive damages.
Given common issues of fact and law raised in complaints filed by different plaintiffs, U.S. District Judge issued an order, granting the defendants’ request for consolidation of the complaints in the U.S. District Court for the Southern District of Florida, where all four plaintiffs reside. According to the order issued by the Judge, the lawsuits will be consolidated for discovery purposes only, to avoid wasteful duplication of judicial and other resources. If lawyers are unable to negotiate ZYN lawsuit settlements following the coordinated discovery proceedings, the Court may schedule separate trials in each claim in the future.
May 2025: “ZYN nicotine pouch addiction” lawsuit scheduled for trial in December 2026
The ZYN nicotine pouch addiction lawsuit, brought in the U.S. District Court for the Southern District of Florida in April 2025 by a young woman, is scheduled to go before a jury on December 7, 2026. Philip Morris International, Inc., Swedish Match North America, LLC, Swedish Match USA, Inc., Philip Morris Global Brands, Inc., and PMI Global Services, Inc. are named as defendants. The plaintiff claims that ZYN’s deceptive marketing practices caused her to become dependent upon nicotine as a teenager, leading to an ongoing addiction and a myriad of potential health issues.
The Judge directed both sides to attempt mediation to reach a settlement before the jury date. Both sides should make any changes or additions to their claims or defenses by September 15, 2025. They then have until June 26, 2026, to gather all evidence, interview witnesses, and complete discovery, which is the process where each party shares information with the other. Pretrial motions, where the parties can ask the judge to make rulings on legal issues before trial, are due by July 24, 2026.
May 2025: Baltimore sues ZYN-owner, Philip Morris International
Baltimore City filed a lawsuit against the ZYN-owner, Phillip Morris International (PMI) in Baltimore Circuit Court and accused the Company of violating Baltimore’s Consumer Protection Ordinance through deceptive marketing practices to “peddle” ZYN oral nicotine pouches to minors. The complaint cites the recent research findings that nearly 2% of middle and high school students report using nicotine pouches and more than two-thirds of the underage respondents reported ZYN as their favorite brand. The plaintiff believes that the purpose of creating a flavored tobacco (nicotine) product is to seduce children and adolescents.
In a news release, the Baltimore Mayor stated that ZYN manufacturer puts profits ahead of the health and safety of Baltimoreans, in particular children, through manipulative marketing practices and his Office is committed to hold PMI accountable for its recklessness in pushing highly addictive nicotine pouches. In 2020, Baltimore sued JUUL Labs, accusing the e-cigarette maker of promoting to minors and won an $8 million settlement. In December 2024, PMI agreed to pay $1.2 Million to resolve the investigation on the violation of ban on flavored tobacco (including nicotine pouches) in the District of Columbia.
April 2025: ZYN class action lawsuits are allowed to move forward
A Florida federal judge allowed key claims to move forward in two consumer class action lawsuits against Philip Morris International (PMI) and its Swedish Match subsidary over allegations that their ZYN nicotine pouches cause ongoing health issues and are deceptively marketed, especially to young people. The Judge 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 PMI’s efforts to dismiss the lawsuits for lack of jurisdiction, deciding that the PMI’s business activities in Florida, including marketing and selling ZYN, provided sufficient basis for the federal court (U.S. District Court for the Southern District of Florida) to hear the case.
The ZYN class action lawsuits, filed by two consumers, accuse PMI and Swedish Match of marketing ZYN to young people in appealing flavors and by deceptively promoting it as a safe alternative to smoking and vaping. The plaintiffs allege the pouches contain nicotine that leads to long-term addiction and health risks. The Judge previously dismissed claims of fraud and a demand for medical monitoring. However, as the claims were reportedly dismissed without prejudice, the plaintiffs have the right to revise their allegations.
PMI stated that it is reviewing the ruling and intends to “vigorously defend” itself against the remaining claims.
December 2024: ZYN Flavored Tobacco Products DC Settlement
Attorney General (AG) of the District of Columbia announced that ZYN-manufacturer, Philip Morris International (PMI) will pay $1.2 Million to resolve the investigation on the violation of DC flavored tobacco ban. After receiving a subpoena from the AG, Philip Morris International’s Swedish Match North America (SMNA) affiliate suspended online sales on zyn.com and committed to conduct a full review of its sales and supply chain practices in DC and other US localities where flavor bans may apply. See our June 2024 note below for further details.
With this resolution, PMI eliminates an issue, which could be easily blown out of proportion, at almost no cost.
November 2024: ZYN-owner, Philip Morris International faces monopolization lawsuit
ZYN-owner, Philip Morris International (PMI)’s Swedish Match North America (SWNA) affiliate is sued with claims that it monopolizes the nicotine pouch market thanks to an anticompetitive deal with its parent company (- that keeps PMI off the US nicotine pouch market) and substantially overcharges US consumers for its popular ZYN nicotine pouches. According to the court filing, SWNA now has an estimated 80% of the market for nicotine pouches (an overstatement) and sells ZYN in different flavors and strengths for about US$6 a can.
The proposed class action is filed by a Florida-resident consumer as the plaintiff in the US District Court for the Eastern District of Virginia. SWMA is accused of violating federal and state antitrust laws in the “modern oral nicotine pouch market” by illegally attaining monopoly power through a series of business actions, including an effort to knock rival Dryft out of the market by pursuing baseless lawsuits. Dryft sued Swedish Match in 2022 in federal court in California, accusing it of violating antitrust law1. The two sides seem to have settled the lawsuit, which Dryft dismissed in 2023.
The consumer lawsuit seeks class action status for ZYN consumers and damages of more than $5 million while also asking the Court to force PMI to divest Swedish Match. PMI stated that the plaintiff’s claims are without merit and they intend to vigorously defend themselves against these claims.
September 2024: Philip Morris International seeks dismissal of ZYN Lawsuit based on the Federal preemption argument
Philip Morris International (PMI) and its subsidiary Swedish Match North America LLC (SWNA) asked a Connecticut federal judge to dismiss a lawsuit claiming that they falsely marketed nicotine pouches as safe and targeted adolescents. In a motion filed, PMI argued that the lawsuit is preempted by federal law, as the labeling of ZYN nicotine pouches is approved by the US Food and Drug Administration (FDA)2.
PMI contended that the lawsuit challenges the FDA-approved labeling of ZYN pouches. PMI asserted that, under the 2009 Family Smoking Prevention and Tobacco Control Act (TCA), any state-based attempts to impose additional labeling requirements beyond those mandated by the FDA are preempted by federal law. As a result, they argued that the claims, which allege misleading marketing of the nicotine pouches, must be dismissed. Moreover, PMI stated that the claims lack specificity and ZYN’s labelling was sufficient to inform a “reasonable consumer”. PMI also dismissed claims that ZYN was marketed as an FDA-approved smoking cessation device, stating that none of its marketing materials made such claims. In a separate motion, SWNA contested the court’s jurisdiction as as the case for a Florida resident, who purchased and used the products in Florida, has no direct connection to Connecticut – where the PMI HQ is.
PMI urged the court to dismiss the lawsuit entirely, or at the very least, demand a more specific complaint. The lawsuit, filed in July 2024, alleges that PMI and SWNA marketed ZYN nicotine pouches to adolescents by promoting them as a healthy alternative to tobacco. The lawsuit claims that the companies misled consumers by highlighting the pouches’ “food-grade flavorings” and “natural additives,” suggesting that they were safe for consumption. Moreover, the companies are alleged to employ social media influencers to target youth.
September 2024: San Francisco files a lawsuit for the online sales of flavored ZYN nicotine pouches
In order to clamp down on the online sale of flavored ZYN pouches, San Francisco filed a lawsuit targeting the online retailers violating the prohibition on flavored tobacco products. “We aren’t going to allow the tobacco industry to disregard the law and unravel decades of progress on youth tobacco prevention”, notes the City Attorney. The lawsuit, filed in the San Francisco County Superior Court, alleges that Northerner Scandinavia (part of Haypp Group), Lucy Goods, Rogue Holdings and Swisher International sell flavored ZYN products online to San Franciscans despite the ban.
San Francisco has a track record of targeting nicotine and tobacco products. In 2019, it became the first major US city to ban the sales and distribution of popular JUUL product (headquartered in San Francisco) and other e-cigarette products to curb the rise of youth vaping. In December 2023, the City sued online retailers for violating local bans on flavored tobacco and vapes.
June 2024: ZYN Subpoena
Swedish Match North America (SMNA), a Philip Morris International (PMI) affiliate acquired in November 2022, received a subpoena from the Attorney General of the District of Columbia (DC) requesting information about ZYN’s compliance with DC’s ban on the sale of flavored products.
PMI’s preliminary investigation indicates that there have been sales of flavored nicotine pouch products in the DC, predominantly related to certain online sales platforms and some independent retailers (i.e. non-compliance with the ban). In the event of an unfavorable outcome, a material liability is reasonably possible.
SMNA is conducting a full review of its sales and supply chain arrangements in DC and other US localities where flavor bans may apply. As an initial remedial measure while the internal review continues, SMNA will immediately suspend online sales on zyn.com – which represents a small percentage of nationwide ZYN sales volumes since PMI’s acquisition of SMNA.
March 2024: First ZYN Lawsuit in the US
Philip Morris International now faces its first major legal challenge for ZYN in the US on the basis of ZYN being addictive and harmful to young people. The lawsuit says that ZYN pouches deliver more nicotine than cigarettes and that PMI benefits from “Zynfluencers” who promote the brand on social media (with an estimated 30,000 TikTok accounts that use the hashtag #Zyn).
The single plaintiff alleges addiction and dental issues as a result of ZYN use. The suit seeks class-action status and claims that PMI and Swedish Match failed to warn about the risk of addiction and other harmful effects like cognitive issues, cardiovascular injuries, gastrointestinal problems and gum disease. The case was brought by the law firm, whose initial lawsuit against Juul Labs investors (including Altria) expanded into thousands of legal actions and led to Altria’s eventual settlement of $235Mn.
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