R.J. Reynolds Seeks Dismissal of “Carbon Neutral” Lawsuit over Vuse E-Cigarette Claims

Key Points

• R.J. Reynolds seeks to dismiss a class-action lawsuit over alleged false “carbon neutral” claims for its Vuse e-cigarettes.

• The company says the claims were verified by third-party certifiers Verra and Vertis.

• BAT, R.J. Reynolds’ parent company, faces $5 million in damages over disputed carbon credits.

2Firsts, October 23, 2025 — R.J. Reynolds Vapor Co. has filed a motion with the U.S. District Court for the Northern District of California seeking to dismiss a class-action lawsuit accusing the company of making false “carbon neutral” advertising claims. The company argues that its description of Vuse as “the world’s first global carbon neutral vape brand” is based on independent third-party certifications and is not misleading.

R.J. Reynolds stated in its motion that the carbon credits were certified by the nonprofit organization Verra, while Vuse’s carbon-neutral status was verified by Vertis Environmental Finance Ltd. The company emphasized that it did not calculate its own emissions or exaggerate environmental impacts, asserting that its statements were accurate at the time and aligned with recognized standards.

The company also rejected the plaintiffs’ “price premium” argument, saying the complaint failed to demonstrate how the product’s retail price would differ without the “carbon neutral” claim and thus lacked any factual basis for alleged economic loss.

Alleged Misrepresentation: Vuse’s Carbon Neutrality Questioned

The class-action lawsuit was initially filed on May 28, 2025, in the Northern District of California, seeking $5 million in damages. Plaintiffs allege that British American Tobacco (BAT) and its subsidiary R.J. Reynolds misled consumers by promoting Vuse as “the world’s first global carbon neutral vape brand” using carbon credits that did not result in genuine emission reductions.

According to the complaint, more than one-third of the offsets came from Uruguay’s Guanaré Forest Plantations Project, which was rated as having zero climate impact by an independent assessment in 2022. The filing further claims that BAT continued to market Vuse under its “carbon neutral” label even after learning of the questionable credits, viewing environmental credentials as a marketing tool to boost consumer loyalty.

BAT’s Response: Campaign Has Ended

A BAT spokesperson stated in November 2024 that Vuse’s “carbon neutral” claims were independently verified in 2021, and all related marketing communications were discontinued in December 2023. A 2021 press release—still available on BAT’s website—describes Vuse as “the world’s first carbon neutral vape brand.”

Case Information

The case is Bell et al. v. R.J. Reynolds Vapor Co. et al. (No. 4:25-cv-04521), filed in the U.S. District Court for the Northern District of California.

Plaintiffs’ attorneys: Amber L. Schubert, Fletch Trammell, Don Bivens, and Teresita T. Mercado.

Defendants’ attorneys: Darren K. Cottriel, Tyler Fields, and Patrick Haney of Jones Day.

As of publication, neither party’s counsel has issued a public comment.

Cover image source: VUSE