If you purchased Swisher cigar products as part of a promotion, you may receive benefits from a class action settlement.

What is this lawsuit about?

The Plaintiff’s lawsuit in this Action alleges that Swisher Sweets cigarillo 5-packs advertised as “5 for the price of 3” violated the Oregon Unlawful Trade Practices Act because such advertising implies that five cigarillos could be purchased for the price of three, but consumers could purchase three individual cigarillos for less than the price of the 5-pack.  Defendants deny any and all liability as Defendant Swisher International, Inc. (“Swisher”) does not sell cigarillos directly to consumers and believes that retailers price the products within the scope of the promotion, so that most consumers did not overpay for Swisher cigarillos.

The Court did not decide in favor of the Plaintiff or the Defendants. Instead, as a result of negotiations and mediation, the Parties have agreed to enter into an agreement to avoid the burden, expense, risk and uncertainty of continuing to trial.

Who is included?

You are a Class Member if you fall within the definition of the Class.  For the purposes of the Settlement, the Court certified a Class that includes all persons, entities or organizations who, from August 25, 2015 through February 7, 2019, purchased Swisher cigar products under any of the following promotions in any of the fifty States, the District of Columbia, and Puerto Rico (collectively, the Swisher Product as defined herein):  “5 for the price of 3”; “3 for the price of 2”; “buy 1 get 1 free”; or “buy 4 get 1 free.”

How do I participate?

To participate in the Settlement, you must submit a complete and valid Claim Form.  You will be able to submit a Claim Form until the cap of $2.5 million has been reached or until one year has passed from the first voucher distribution.  You can download a Claim Form or submit a Claim Form online.  You can also email or write to the Settlement Administrator and ask for a blank Claim Form to be sent to you.  The Settlement Administrator may ask you to provide additional information if this is deemed necessary in order to validate your claim.

These rights and options - and the deadlines to exercise them - are explained on this website.

A Fairness Hearing was held on August 9, 2019 at 9:00 a.m. At the hearing, the Court considered whether this Settlement is fair, reasonable and adequate and also considered Plaintiff’s Class Counsel’s request for attorneys’ fees, costs and expenses, and any award to the individual Plaintiff. You had the right to go to that hearing, although you were not required to do so.