Altria and Juul Labs are asking the U.S. Court of Appeals for the Ninth Circuit to overturn a lower court’s decision certifying nationwide antitrust classes in litigation challenging Altria’s former investment in Juul. According to Law 360, the companies are arguing that the certified classes improperly combine a wide range of purchasers with differing legal claims under the laws of multiple states, making class treatment inappropriate.
The underlying lawsuit alleges that Altria’s 2018 acquisition of a 35% stake in Juul reduced competition in the U.S. e-cigarette market after Altria withdrew its own competing vapor products. Plaintiffs claim the transaction allowed Juul to maintain higher prices and limited consumer choice. Altria and Juul deny the allegations and contend the district court erred by certifying classes that they say contain materially different groups of purchasers with varying legal and factual issues.
