U.S. Court Rules Zyn Marketing Dispute Can Proceed, Rejects Philip Morris International’s Bid to Dismiss

Dec.15.2025
U.S. Court Rules Zyn Marketing Dispute Can Proceed, Rejects Philip Morris International’s Bid to Dismiss
A U.S. federal court in Florida denied Philip Morris International and its subsidiaries’ motion to dismiss, allowing consumers to proceed with claims under the Florida Deceptive and Unfair Trade Practices Act alleging that Zyn nicotine pouches’ “tobacco-free” marketing is misleading. The court held that the allegations do not amount to a fraud claim and may move forward to the merits stage.

Key Points

 

  • A U.S. federal court in Florida denied Philip Morris International’s motion to dismiss, allowing the plaintiffs’ claims under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) to proceed.
  • Plaintiffs allege that Zyn nicotine pouches were marketed as “tobacco-free,” misleading consumers and downplaying addiction risks.
  • The court held that FDUTPA constitutes an independent cause of action and is not equivalent to the previously dismissed common-law fraud claims.
  • The ruling emphasized that FDUTPA does not require proof of “intent to deceive” and therefore is not subject to the heightened pleading standard of Federal Rule of Civil Procedure 9(b).
  • The plaintiffs’ prior fraud claims were dismissed twice for insufficient pleading detail.

 


2Firsts, December 15, 2025 — According to Law360, U.S. District Judge William P. Dimitrouleas of the Southern District of Florida ruled on December 12 that Philip Morris International (PMI) and its subsidiaries’ motion to dismiss should be denied, allowing claims brought by plaintiff Kovadis Palmer under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) to proceed.

 

The case arises from a lawsuit filed by Palmer in April 2024 against Philip Morris International and its subsidiary Swedish Match North America LLC. Palmer alleges that the defendants marketed Zyn nicotine pouches as “tobacco-free,” implying a lower risk of addiction, even though the nicotine is derived from tobacco. He contends that the marketing was misleading and that he developed nicotine dependence as a result of using Zyn.

 

Previously, Palmer asserted common-law fraud claims. However, in rulings issued in August 2024 and March 2025, the court dismissed those claims, finding that they failed to meet the particularity requirements for fraud under Federal Rule of Civil Procedure 9(b).

 

In October 2025, Palmer amended his complaint again, withdrawing the fraud claims and instead asserting claims for deceptive or unfair business practices under FDUTPA. The defendants moved once more to dismiss, arguing that the FDUTPA claims were merely a “repackaging” of the earlier fraud allegations and relied on nearly identical factual assertions.

 

The court rejected that argument, explaining that FDUTPA claims do not necessarily depend on allegations of intentional deception. Rather, they focus on whether a deceptive or unfair practice occurred, whether there is a causal connection, and whether actual damages resulted. As such, FDUTPA claims are not subject to Rule 9(b)’s heightened pleading standard for fraud.

 

The court concluded that the FDUTPA claim “is not simply fraud under another name, but advances a new legal theory,” and noted that the allegations do not assert that the defendants acted with intent to mislead consumers.

 

Cover image source: Law360

 

We welcome news tips, article submissions, interview requests, or comments on this piece.

Please contact us at info@2firsts.com, or reach out to Alan Zhao, CEO of 2Firsts, on LinkedIn


Notice

1.  This article is intended solely for professional research purposes related to industry, technology, and policy. Any references to brands or products are made purely for objective description and do not constitute any form of endorsement, recommendation, or promotion by 2Firsts.

2.  The use of nicotine-containing products — including, but not limited to, cigarettes, e-cigarettes, nicotine pouchand heated tobacco products — carries significant health risks. Users are responsible for complying with all applicable laws and regulations in their respective jurisdictions.

3.  This article is not intended to serve as the basis for any investment decisions or financial advice. 2Firsts assumes no direct or indirect liability for any inaccuracies or errors in the content.

4.  Access to this article is strictly prohibited for individuals below the legal age in their jurisdiction.

 

Copyright

 

This article is either an original work created by 2Firsts or a reproduction from third-party sources with proper attribution. All copyrights and usage rights belong to 2Firsts or the original content provider. Unauthorized reproduction, distribution, or any other form of unauthorized use by any individual or organization is strictly prohibited. Violators will be held legally accountable.

For copyright-related inquiries, please contact: info@2firsts.com

 

AI Assistance Disclaimer

 

This article may have been enhanced using AI tools to improve translation and editorial efficiency. However, due to technical limitations, inaccuracies may occur. Readers are encouraged to refer to the cited sources for the most accurate information.

We welcome any corrections or feedback. Please contact us at: info@2firsts.com

Exclusive: Glas says FDA-authorized G2 vape includes age-gating technology
Exclusive: Glas says FDA-authorized G2 vape includes age-gating technology
Glas has confirmed to 2Firsts that its G2 device, which received a FDA Marketing Granted Order (MGO), incorporates age-gating technology. Based on currently public information, this means the FDA has granted an MGO to the first ENDS product confirmed to incorporate age-gating technology, validating 2Firsts’ earlier inference.
Mar.17
Spain’s Galicia Moves First: Under-18 Vape and Energy Drink Sales and Use Banned
Spain’s Galicia Moves First: Under-18 Vape and Energy Drink Sales and Use Banned
Galicia will implement a new “Minor Health Protection and Addictive Behaviors Prevention” law this Saturday, becoming the first region in Spain to ban the sale and use of vapes for people under 18.
Mar.09 by 2FIRSTS.ai
BAT New Zealand Says Illicit Tobacco Trade Drove Nearly 29% Revenue Decline in 2025
BAT New Zealand Says Illicit Tobacco Trade Drove Nearly 29% Revenue Decline in 2025
British American Tobacco New Zealand said the illicit tobacco trade is responsible for its profit halving and revenue falling between the 2024 and 2025 financial years. Financial results filed with the Companies Office show that BAT Holdings (New Zealand) recorded 2025 revenue of NZ$180.7 million, or about US$106.95 million based on the European Central Bank’s April 27, 2026 reference rates, down from NZ$254 million, or about US$150.33 million, in 2024.
Apr.28 by 2FIRSTS.ai
Philippine Authorities Seize Illegal Vape Products Worth About PHP 3.6 Million
Philippine Authorities Seize Illegal Vape Products Worth About PHP 3.6 Million
Philippine officials said government agencies seized illegal vape products worth about PHP 3.6 million during a joint enforcement operation in Metro Manila and neighboring provinces on March 12.
Mar.16 by 2FIRSTS.ai
Russia May Allow Regions to Introduce Experimental Vape Sales Bans
Russia May Allow Regions to Introduce Experimental Vape Sales Bans
Russia’s government commission on legislative activity has approved second-reading amendments to a bill on licensing trade in tobacco and nicotine-containing products that would allow Russian regions to introduce experimental bans on vape sales.
Mar.31 by 2FIRSTS.ai
New Movement Emerges on EU Tobacco Excise Directive as Cyprus Tables Compromise Draft
New Movement Emerges on EU Tobacco Excise Directive as Cyprus Tables Compromise Draft
The long-stalled debate over the European Union’s Tobacco Excise Directive may be moving forward, with Cyprus, as holder of the EU Council presidency, putting forward a compromise draft. The reported proposal includes lowering the minimum excise duty requirement and granting a transitional period, with the aim of reaching political agreement by June 2026. The revision also covers e-cigarettes, heated tobacco, nicotine pouches and stronger controls on raw tobacco.
Apr.21 by 2FIRSTS.ai