The City of Baltimore told a Maryland state court that the 1998 Master Settlement Agreement does not shield tobacco companies from liability in its lawsuit over environmental harm caused by nonbiodegradable cigarette filters. The city is seeking to proceed with claims against R.J. Reynolds Tobacco Company, Philip Morris USA, and Liggett Group LLC, arguing that the decades-old settlement addressed healthcare costs related to smoking, not municipal expenses tied to cigarette butt litter and environmental cleanup. Baltimore contends that its suit targets a separate issue involving plastic filter waste and the burden placed on city services, and therefore should not be dismissed on preemption grounds.
Tag: baltimore
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Baltimore Sues PMI for “Peddling Zyn to Kids”
The City of Baltimore filed a lawsuit against Philip Morris yesterday (May 7) in the city’s Circuit Court for violating Baltimore’s Consumer Protection Ordinance through deceptive marketing practices to “peddle Zyn oral nicotine pouches to minors.” The city said PMI used “Big Tobacco’s well-developed playbook” to deceptively market flavored Zyn nicotine pouch products and hook a new generation of nicotine users.”
“The purpose of creating a flavored tobacco product is clear — it is meant to capture children and adolescents,” the city’s complaint says.
The complaint cites recent research that nearly 2% of middle and high school students report using nicotine pouches, and a separate survey where more than two-thirds of underage respondents reported Zyn as their favorite brand of tobacco pouches.
In response, officials from PMI said, “Although we have not yet been served with the complaint and are not in a position to comment, we can assure you that the interests of PMI and its affiliates will be vigorously defended.”
This is not the first time the city has targeted nicotine-related products with a lawsuit alleging deceptive marketing. Baltimore sued Juul Labs Inc. in 2020, accusing the electronic cigarette maker of promoting to minors. In September, the city reached an $8 million settlement with the California-based company.
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Baltimore Sues Tobacco Companies Over Litter
Photo: Tobacco Reporter archive The city of Baltimore is suing several major tobacco companies, requesting as much as $5 million annually for the cleanup of cigarette butt litter, according to WBALTV11.
Since 2014, more than 12 million cigarette butts have been cleaned up from the waters surrounding Baltimore, city officials said.
“There are all kinds of cleanup problems, from catching them [cigarette butts] to getting rid of the chemicals they leave in their wake,” said James Shea, Baltimore City solicitor.
The lawsuit alleges that the tobacco companies have refused to place warnings on their boxes explaining how to properly dispose of filters and that they have chosen not to make filters biodegradable.
“They didn’t change it—according to documents we’ve seen—to biodegradable filters because smokers preferred the draw that comes with the filter,” Shea said.
The ultimate goal is to see the companies become more environmentally friendly, according to Shea. “We’d like to have the practice stop, but, in the meantime, we want damages in the nature of cleanup costs and their fines associated with various litter ordinances that are being violated.”
The companies have 30 days to respond in court.