Walgreens Facing Class Action Over Alleged Failure to Warn Menthol Cigarettes Are ‘Unreasonably Dangerous’

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A proposed class action lawsuit in Florida alleges Walgreens has misrepresented Marlboro Menthol cigarettes as “mere ordinary cigarettes” when, in fact, the products are “far more dangerous and addictive than any other type of cigarette available to consumers.” 

The 25-page complaint alleges the plaintiff and other consumers purchased Marlboro Menthols from Walgreens with the expectation that the products were “conventional cigarettes” and with no warning that “they were in fact purchasing a product far more addictive and harmful than any of the other cigarettes available on the market.” As a result, Marlboro Menthol cigarette buyers were “denied the benefit of their bargain,” the case alleges. 

“Defendant’s marketing and advertising of the Products is false and deceptive. Through a variety of advertising methods, including but not limited to the packaging and labeling and online advertising of the Products, Defendant has made false representations regarding the true nature of the Products.” 

The lawsuit’s filing comes about a week after the U.S. Food and Drug Administration proposed a ban on menthol cigarettes and flavored cigars, with the goal of curbing youth tobacco use and tobacco-related death and disease. In its April 28 news release, the FDA stated that “[t]hese actions have the potential to significantly reduce disease and death from combusted tobacco product use, the leading cause of preventable death in the U.S., by reducing youth experimentation and addiction, and increasing the number of smokers that quit.” 

According to the complaint, numerous studies have shown that menthol increases the appeal of tobacco and facilitates addiction, particularly among young people, because the minty, cooling flavor masks the unpleasant flavors and harshness of tobacco products, making them easier to start using. 

Per the suit, Walgreens provides no warning or disclaimer that Marlboro Menthol cigarettes “pose additional health risks far beyond those seen with nonmenthol cigarettes.” 

“Tobacco products with menthol can also be more addictive and harder to quit because they can enhance the effects of nicotine,” the lawsuit states, relaying that one study suggests banning menthol cigarettes in the U.S. would lead an additional 923,000 smokers to quit. 

The case claims that consumers have been damaged economically by purchasing Marlboro Menthols from Walgreens because the products were not what buyers “reasonably intended to receive” and were thus “worth less” than the price they paid. 

“At minimum, Plaintiff and Class Members contend that Defendant should be prohibited from selling menthol cigarettes or at the very least include a warning that the Products pose a public health risk above that seen with nonmenthol cigarettes,” the lawsuit urges. 

The lawsuit looks to represent all U.S. residents who bought menthol cigarettes from Walgreens in the United States within the last four years. 

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