PENSACOLA, Fla. – A Florida man last month filed a lawsuit in federal court against tobacco company Philip Morris, alleging its marketing and advertising of oral nicotine product Zyn deceived him.
Plaintiff Griffin Dykes filed his lawsuit against Philip Morris International Inc., Philip Morris Global Brands Inc., and PMI Global Services Inc. in the U.S. District Court for the Northern District of Florida Aug. 5.
Swedish Match North America LLC and Swedish Match USA Inc. also were named in the lawsuit. PMI bought Swedish Match, the maker of the popular Zyn oral nicotine pouch, in 2022.
Philip Morris is headquartered in Stamford, Conn. Swedish Match is headquartered in Richmond, Va.
Dykes claims in his 43-page complaint that began using Zyn when he was about 14 and has been addicted ever since. He claims he has suffered various “personal injuries” as a result of his Zyn use.
“Plaintiff continues to use Zyn to this day because of his addiction,” the complaint states. “Plaintiff was influenced by Zyn’s marketing and advertising, which drove his purchases of Zyn when he began using Zyn and continued through the time Philip Morris International, Inc., acquired Swedish Match.”
According to the filing, Dykes saw Zyn advertisements on Facebook and other social media suggesting – falsely, he contends – that it is not a tobacco product and it is not harmful to a person’s health.
“Plaintiff did not know of Zyn’s unreasonably dangerous characteristics when he began using it,” the complaint states. “Plaintiff did not know that Defendants were concealing information to Plaintiff regarding potential health effects and the potency of the nicotine addiction.
“Defendants’ wrongful conduct in marketing, promoting, manufacturing, designing, and selling Zyn caused or substantially contributed to causing his injuries.”
Zyn comes in a small, pillow-like container similar to gum. According to the complaint, the nicotine in Zyn is derived from tobacco leaf but the pouches do not contain the tobacco leaf itself. Instead, they contain pharmaceutical grade nicotine salt and other ingredients like flavors.
“Zyn works by delivering nicotine orally. The nicotine leaks out of a permeable wrapper and is absorbed into the bloodstream through the oral mucosa, the lining of the mouth,” the filing states. “Once the user places Zyn in mouth [sic], the nicotine immediately takes effect, increasing heart rate and blood pressure, followed by the release of dopamine and other neurotransmitters.
“The release of dopamine signals pleasure and keeps users addicted.”
The complaint notes that Zyn comes in three nicotine concentrations: 3 mg, 6 mg, and 8 mg.
“Zyn is designed to create and sustain addiction to nicotine,” Dykes’ complaint alleges. “A typical cigarette smoker absorbs 1 mg of nicotine into the body per cigarette. Zyn’s own research shows that at its 3 mg nicotine concentration, 1.59 mg of nicotine per single pouch is absorbed into the body; at its 6 mg concentration, 3.51 mg of nicotine per pouch is absorbed; and at its 8 mg concentration, 3.79 mg of nicotine per pouch is absorbed.
“Zyn, therefore, delivers a potent dose of nicotine into the bloodstream.”
Dykes argues it’s no surprise Philip Morris bought Swedish Match.
“PMI has, for decades, profited by addicting [sic] kids to Marlboro cigarettes, the world’s most popular brand,” his complaint states. “Zyn sales are soaring. Zyn makes up about 70 percent of the nicotine pouch market. PMI shipped 350 million cans of it in 2023 – a 62 percent growth compared to the year before.”
The filing notes that Philip Morris expects to earn $2 billion in revenue from Zyn in 2024.
“Zyn is just a recent iteration of the tobacco industry’s historical practice of designing a nicotine delivery device that hooks kids to nicotine while making them think it is not dangerous or harmful,” the complaint states, pointing out that Zyn looks like chewing gum and comes in gum-like flavors like wintergreen, cool mint, citrus, and cinnamon.
In addition to targeting kids through its flavors, Dykes alleges Philip Morris uses deceptive advertising in describing Zyn as “tobacco-free.”
“Technically, ‘tobacco-free’ means that no part of the product is derived from the tobacco plant. But Zyn’s nicotine is indeed derived from tobacco,” the complaint states.
The lawsuit also argues that the Big Tobacco company further targets youth by designing its product to look just like gum or breath mints.
Dykes seeks judgment against Philip Morris; damages to compensate him for his injuries, including pain and suffering, mental anguish, and medical expenses; punitive damages; attorneys’ fees and costs; and prejudgment and post-judgment interest.
Schlesinger Law Offices in Fort Lauderdale, Fla., is representing Dykes in the action. Judge M. Casey Rodgers has been assigned the suit.
Rodgers recently granted Philip Morris’ motion for an extension to respond to the complaint. The defendants now have until Oct. 2 to respond.
