Category: Featured

Call for Class Action Status in Juul Overpayment Cases

Photo: steheap
Lawyers representing U.S. consumers who say they overpaid for Juul Labs’ e-cigarettes on Dec. 6 urged a federal judge to certify their claims as a class action, reports Reuters. Juul argues that the plaintiffs should proceed individually because they bought Juul products under differing circumstances.
More than 2,800 cases have been consolidated in the multidistrict litigation against Juul, its largest shareholder Altria Group and several individual officers and directors. They include both personal injury claims and claims of economic loss by people who say they would have paid less, or not bought the e-cigarettes at all, if Juul had not downplayed their addictiveness and appealed to teenagers through social media campaigns and other means.
The plaintiffs are seeking partial refunds for adult purchasers and full refunds for underage purchasers.
Gregory Stone of Munger, Tolles & Olson, representing Juul, said the plaintiffs’ case rested on whether Juul’s marketing was misleading, whether it targeted teenagers, whether buyers were actually misled and whether the marketing affected their buying decisions.
In a tentative opinion, U.S. District Judge William Orrick said that he was inclined to grant class certification.
December 7, 2021
Tobacco Recognized for Environmental Initiatives
CDP has recognized Philip Morris International, Japan Tobacco, Imperial Brands and Altria Group for their environmental leadership.
PMI received CDP’s “Triple A” score, recognizing the company’s environmental performance in tackling climate change as well as protecting forests and water security.
“External validation from organizations like CDP encourages us to continue on our journey to create a net-positive impact on society,” said PMI Chief Sustainability Officer Jennifer Motles, in a statement. “We are humbled PMI has received CDP’s Triple A distinction for a second time.”
Japan Tobacco made CDP’s A List for the third consecutive year.
“We are delighted to be included in the CDP’s Climate Change A List and Water Security A List for the third consecutive year,” said Kazuhito Yamashita, member of the board and senior vice president, chief sustainability, in a statement. “This clearly reflects our continued efforts to reduce our environmental footprint and expand our transparency in disclosing information.”
Imperial Brands made CDP’s climate change A List for a third successive year.
“We have a good track record in minimizing our impact on the environment and are committed to rapidly stepping up the decisive actions required to combat climate change,” said Imperial Brands Global ESG Director Tony Dunnag in a statement.
Altria was recognized by CDP for a second consecutive year with a double A rating for tackling climate change and protecting water security.
“We are committed to conserving the natural resources on which our businesses and communities rely,” said Jennifer Hunter, senior vice president, corporate citizenship at Altria in a statement. “As the latest science makes clear, the global community needs to quickly increase the ambition and progress of environmental targets, build climate resilient businesses and prepare for the net zero economy. Altria is committed to doing our part.”
CDP is a not-for-profit charity that runs a global disclosure system for investors, companies, cities and regions to manage their environmental impacts. Its process is acknowledged as the gold standard of corporate environmental transparency.
The organization’s full 2021 A List of companies is available here.
December 7, 2021
Draft Menthol Standards Expected by April

Photo: Tobacco Reporter archive
The U.S. Food and Drug Administration is on track to issue proposed product standards that could ban menthol as a characterizing flavor in cigarettes and ban all characterizing flavors in cigars by April 2022, reports CSP, citing FDA Center for Tobacco Products Director Mitch Zeller.
Speaking on a webinar held on Dec. 2 by the National Association of Tobacco Outlets, Zeller said the effort is based on the clear scientific evidence related to the addictiveness and harm of menthol products.
“Were these proposed product standards to be finalized and to go into effect, this will help to significantly reduce initiation by kids, increase smoking cessation among current smokers and, very importantly, address some profound health disparities when it comes to the use of these types of products by communities of color, low-income populations and the LGBTQ+ population,” he said.
After the FDA publishes the proposed new rules, there would be a review and public comment period, meaning the bans wouldn’t take effect for between one to two years, if ever.
December 7, 2021
Smokers’ Rights Movement Protests Tobacco Control

Photo: SRM
The Smokers’ Rights Movement (SRM) called for greater public oversight of tobacco policies, with protesters donning body bags and magenta balloons at the World Health Organization’s headquarters in Geneva.
“We are protesting the oppression of smokers and the lies of tobacco control,” said SRM founder Max Kosenko. “And we are fighting for smokers’ rights to access less lethal products.”
According to the SRM, scientific research on tobacco harm reduction has been systematically ignored by governments, with deadly results. “Despite decades of spending on tobacco control, smoking remains the world’s leading cause of death, killing 20,000 people a day—three times more than Covid-19—and the number of smokers is increasing,” the organization wrote in a press note.
“This is not a problem of bad habits; it’s a problem of bad products,” said Kosenko. “Nobody would tolerate another legal product that killed 50 percent of users. But instead of asking ‘Why do we still sell cigarettes?’ we blame smokers and ask, ‘When are they going to quit?’”
Before the WHO was formed in 1948, governments worked on the question of how to make tobacco consumption safer, according to SRM. But later, focus shifted to the elimination of nicotine use. “No drug has ever been successfully eliminated through prohibition,” the organization wrote. “But harm reduction approaches can mitigate the health risks and save lives.”
December 7, 2021
Chinese Regulations to Reverberate Globally

Photo: Cultura Allies
China’s recently announced intention to regulate e-cigarettes as tobacco products will reverberate around the world, according to an analyses published on Keller And Heckman’s The Continuum of Risk blog.
On Nov. 26, 2021, China’s State Council announced it would amend the country’s tobacco monopoly law to subject e-cigarettes to the same requirements as traditional cigarettes. On Dec. 2, the State Tobacco Monopoly Administration (STMA) published on its website the draft management rules for e-cigarettes for public comment.
The draft rules define “e-cigarette” as an electronic delivery product that produces nicotine-containing aerosol for human inhalation. The definition does not include heat-not-burn tobacco products, which are already regulated as combustible cigarettes in China, according to Keller and Heckman. The draft rules make clear that e-cigarettes should be regulated like tobacco products by STMA and its local agencies and provide that e-cigarettes must comply with the e-cigarette national standard.
Among other things, e-cigarettes will be subject to premarket registration upon a safety review by the STMA under the draft rules. Producers and sellers of e-cigarettes in China must obtain the same tobacco monopoly licenses as traditional cigarette manufacturers. In addition, all vapor product companies will be required to trade on a national e-cigarette platform to be set up by the SMTA. The draft rules also contain requirements to protect minors such as age-restrictions and warning labels.
Because the draft rules’ registration and production licensing requirements apply to all e-cigarette manufacturers operating in China, they will also impact products sold abroad. China manufactures more than 95 percent of the world’s e-cigarette hardware.
In 2019, China notified the World Trade Organization about its first national standard on e-cigarettes, which covers raw materials, technical requirements, testing methods and labeling, among other topics. On Nov .30, 3021, China published updated draft of the standard for comment.
According to Keller and Heckman, the STMA plans to implement the standard “three to five months after its publication.”
During the transition period, existing enterprises can continue manufacturing and operational activities. However, investors are banned from investing in new e-cigarette enterprises; existing e-cigarette production and operation entities must refrain from constructing or expanding production capacity, and they may not establish new e-cigarette retail outlets and market new products. “New import of e-cigarettes” will also be suspended during this period.
The public comment period for the draft management rules closes on Dec. 17, 2021, 15 days after its publication, and the public comment period for the draft standard closes on Jan. 29, 2022.
December 6, 2021
Former Habanos President Joins Carrillo

Photo: primipil
E.P. Carrillo has hired Jorge Luis Fernandez Maique, a former Habanos executive, as its new general manager, according to Halfwheel.
Maique will oversee the operations of Tabacalera La Alianza, the company’s factory in Santiago, Dominican Republic, a move that will free up Ernesto Perez-Carrillo Jr. to travel and explore new types of tobacco that he is looking at using for new projects in 2022 and beyond.
Lissette Perez-Carrillo said Maique’s role will continue to evolve and will likely expand in the future, including bringing him to the United States. “We want to maximize his talents,” she said, adding that he will be contributing his expertise to product development and marketing efforts. There are also discussions about having him lead consumer events.
Maique served as co-president of Habanos from February 2011 to November 2012. He also served as the company’s commercial vice president and oversaw the operations of Coprova, the French distributor of Habanos products, for seven years. He has been credited with being one of the people responsible for the Cohiba Behike line.
December 6, 2021
Florida Top Court Limits Punitive Damages

Photo: Felix Mizioznikov
A 1999 law that limits punitive damages applies to plaintiffs in Engle progeny cases who died after that year, even though the class action was filed years before, Florida’s Supreme Court ruled on Nov. 18, according to Legal Newsline.
The verdict followed a case brought by Valton Sheffield, who was diagnosed with lung cancer and passed away in 2007. Sheffield’s widow recovered $5 million in punitive damages. Now, she will go back to the trial court for a new trial on punitive damages.
Sheffield’s widow argued that in 1994, when her husband was diagnosed, he had fully mature causes of action that were pursued by the Engle class and then by her, so the 1999 amendments didn’t apply to her.
“We disagree,” Florida Supreme Court Chief Justice Charles Canady wrote. “Because our caselaw establishes that wrongful death actions are distinct from personal injury actions and that there can be no wrongful death ‘cause of action’ absent a death, we conclude that the causes of action here arose when Mr. Sheffield passed away in 2007 and are thus plainly governed by the 1999 amendments.”
Filed in the 1990s, the Engle class action netted a huge verdict, but it was struck down in 2006. However, the liability findings against the tobacco companies were preserved as individuals were allowed to pursue their own cases afterward, as long as they filed by 2007.

December 6, 2021
ReCreation Marketing Becomes Turning Point Brands Canada

ReCreation Marketing will be known and operate as Turning Point Brands Canada effective Dec. 6, 2021.
The name change follows a transaction that resulted in Turning Point Brands increasing its equity stake in ReCreation Marketing to a majority position. The transaction was completed on July 30, 2021.
“ReCreation Marketing changing its name to Turning Point Brands Canada reflects our commitment to our shared values with TPB and to expanding the exposure and reach of iconic core brands, such as Zig-Zag, in Canada,” said Mikail Fancy, chief operating officer of Turning Point Brands Canada, in a statement. “TPB Canada is laser-focused on creating value directly with, and for, our partners by offering a portfolio of recognized, differentiated, consumer-relevant brands and products.”
Turning Point Brands Canada continues to focus its resources on being a leader in the cannabis accessory category in Canada by fostering long-term, growth-oriented partnerships with manufacturers and retailers.
“The rebrand of ReCreation Marketing to TPB Canada is a testament to our confidence in the ReCreation management team and is a natural extension of our infrastructure and portfolio development that puts consumers and their evolving needs at the center of our strategy,” added Larry Wexler, CEO of Turning Point Brands. “This change further demonstrates our commitment to positioning TPB as a leader in branded consumer products.”
December 6, 2021
Monisha Abraham to Lead Ceylon Tobacco
Monisha Abraham (Photo: CTC)
Ceylon Tobacco Co. (CTC) has appointed Monisha Abraham as managing director and CEO, the company announced on its website.
Prior to joining CTC, Abraham served as the managing director of Ibecor, an operating company fully owned by Heineken International. Abraham takes over from Nedal Salem who served as CTC’s managing director and CEO since May 2019.
During a career spanning over 16 years with Heineken, she has held senior management roles across five countries. Abraham joined Heineken Dubai in 2005, as trade marketing manager and in less than two years, was appointed marketing manager for the Gulf region. In 2009, she moved to the Netherlands as the regional marketing director for the Africa-Middle East region and later served as the managing director for Almaza in Lebanon from 2014 to 2017. She then moved to Heineken Hanoi as its managing director from 2017 to 2019, leading the northern area of Vietnam.
In 2019, Abraham moved to Brussels, Belgium where she took over as managing director of Ibecor, a Heineken-owned company specializing in inbound logistics and transportation for Africa and Middle East.
Possessing more than 25 years of experience in marketing and general management roles across the fast-moving consumer goods sector, Abraham has built a reputation as a leader who drives robust business strategies while developing people and fostering high performing teams. She has built networks to facilitate collaboration across organizations as well as externally to drive business priorities, delivering sustainable growth in volumes and profits.
December 6, 2021
Engle Lawyer Dies at 70

Photo: NetPix – Dreamstime.com
Susan Rosenblatt, who with her husband and law partner, Stanley Rosenblatt, represented plaintiffs in the notorious Engle class-action lawsuit, died Nov. 14, reports The New York Times.
In the Engle case, The Rosenblatts argued that the tobacco industry had knowingly addicted smokers and failed to warn them adequately about the dangers of its products.
In 2000, a jury awarded several representative plaintiffs $12.7 million in compensatory damages and the whole class almost $145 billion in punitive damages—the largest such award in history.
In 2003 a Florida appeals panel threw it out, finding, among other things, that the case should not have been declared a class action because each smoker’s case is unique.
In 2006 the Florida Supreme Court ruled that individuals who wanted to pursue cases could invoke some of the original jury’s findings, including that smoking causes lung cancer, that nicotine in cigarettes is addictive and that the cigarette companies concealed information about smoking’s health effects.
December 6, 2021