10th U.S. Circuit Court Allows Class Actions Against British American Tobacco Over Misleading Cigarette Labels
The 10th U.S. Circuit Court of Appeals issued a 2‑1 divided decision confirming that British American Tobacco (BAT) and its U.S. subsidiaries—Reynolds American, R.J. Reynolds Tobacco and Santa Fe Natural Tobacco—must face consumer class‑action lawsuits. The lawsuits allege that Natural American Spirit cigarettes were marketed with terms such as “100% Additive‑Free,” “Natural” and “Organic,” misleading shoppers in twelve states into believing the products were safer or healthier, despite a disclaimer that no additives do not mean a safer cigarette.
The panel upheld certification of an eight‑state menthol‑based class (California, Colorado, Florida, Illinois, New Jersey, New Mexico, New York and North Carolina) and reversed a lower‑court ruling that had denied certification for the broader “safer‑cigarette” theory covering all twelve states. A dissenting judge warned that the case may warrant Supreme Court review.
In a separate opinion on the same case, the Tenth Circuit rejected the defendants’ claim that class certification requires an administrative‑feasibility prerequisite, stating that administrative feasibility may be weighed as part of the predominance analysis but is not a standalone bar. Circuit Judge Veronica Rossman criticized the district court’s damages model as improperly invoking a 2013 Supreme Court decision in the Comcast case.
Entities: 10th U.S. Circuit Court of Appeals · British American Tobacco · James Browning · Natural American Spirit · Reynolds American
Claims
What the coverage asserts, and how well corroborated each claim is across sources.
- [● 7 SOURCES] The court upheld certification of a menthol‑based class action covering consumers in eight states: California, Colorado, Florida, Illinois, New Jersey, New Mexico, New York and North Carolina. (All articles)
- [● 7 SOURCES] The 10th U.S. Circuit Court of Appeals issued a 2‑1 divided decision allowing class‑action lawsuits against British American Tobacco and its subsidiaries. (All articles)
- [● 7 SOURCES] A dissenting judge warned that the case “likely warrants Supreme Court review.” (All articles)
- [● 7 SOURCES] Circuit Judge Veronica Rossman said the district court incorrectly applied a 2013 Supreme Court decision (Comcast) to the damages model in the twelve‑state class. (All articles)
- [● 7 SOURCES] The decision reversed a lower‑court denial of class certification for a broader “safer‑cigarette” theory covering the same twelve states. (All articles)
- [● 7 SOURCES] British American Tobacco is the parent company of Reynolds American, R.J. Reynolds Tobacco and Santa Fe Natural Tobacco. (All articles)
- [○ 1 SOURCE] The Tenth Circuit rejected the argument that a class must satisfy an administrative‑feasibility requirement, stating that such feasibility may be considered under predominance but is not a standalone, (All articles)
- [● 7 SOURCES] Consumers in twelve U.S. states sued alleging that Natural American Spirit labels claiming the cigarettes were ‘100% additive‑free,’ ‘Natural’ or ‘Organic’ misled them into believing the products were (All articles)