Philip Morris, however, countered that Norris’ fraud-based claims lack specificity. The company argues that Norris fails to detail which advertisements he saw, where he saw them, or how he relied on them, making it difficult to respond to the allegations. Moreover, the company asserts that its labeling clearly states that ZYN contains nicotine and that nicotine is an addictive chemical, which they argue is enough to inform a reasonable consumer.
Additional Arguments for Dismissal
Philip Morris also challenged Norris’ standing to seek injunctive relief, stating that since Norris now has the information he claims was withheld, he is no longer at risk of being deceived in the future. Furthermore, the company argued that Norris’ claims of misleading advertisements promoting “glamour” and “athleticism” do not constitute sufficient grounds to convince a reasonable consumer that the product is safe or healthy.
The company also dismissed claims that ZYN was marketed as an FDA-approved smoking cessation device, stating that none of its marketing materials made such claims.
Next Steps
Philip Morris has urged the court to dismiss the lawsuit entirely, or at the very least, require Norris to provide a more specific complaint. No comments have been made by representatives for either party at this time.
