A divided federal appeals court revived class-action claims against British American Tobacco, Reynolds American, R.J. Reynolds, and Santa Fe Natural Tobacco over allegations that labels on Natural American Spirit cigarettes misled consumers into believing the products were safer than other cigarettes and contained no additives. Yesterday (July 29), the 10th U.S. Circuit Court of Appeals overturned a lower court’s refusal to certify the 12-state “safer cigarette” class while upholding certification of a separate eight-state class alleging that menthol constituted an additive.
The case covers consumers in California, Colorado, Florida, Illinois, Massachusetts, Michigan, New Jersey, New Mexico, New York, North Carolina, Ohio, and Washington. The appeals court said the lower court prematurely addressed whether the products’ disclaimer — stating that the absence of additives “does NOT mean a safer cigarette” — was effective. A dissenting judge argued neither class should have been certified and warned that the decision could allow consumers who never read the labels to seek damages. The case returns to the lower court for further proceedings.