J. Podawiltz v. Swisher International, Inc., Plaid Pantry, Inc., and Plaid Pantries, Inc.
Podawiltz v. Swisher International, Inc.

Welcome to the Podawiltz v. Swisher International, Inc. Settlement Website

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

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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.



Option and Deadline
Submit a Claim If you are a Class Member and wish to receive benefits from the Settlement, you must submit a completed Claim Form.
The deadline for writing to the Court about why you don’t like this Settlement has passed.  Objections had to be filed with the Court and copies sent to Counsel for the Parties. Objections had to be received no later than July 19, 2019.
Ask to Be Excluded
If you wanted to exclude yourself (“opt out”) from the Settlement, you had to submit a written request for exclusion to the Settlement Administrator. Opt-out requests had to be received no later than July 19, 2019.
Do Nothing If you are a Class Member and do not submit a claim or opt out, you will not receive any benefits from the Settlement but will be bound by all subsequent proceedings, orders and judgments in the Action.

For More Information

Visit this website often to get the most up-to-date information.


Swisher Sweets Settlement
c/o JND Legal Administration
PO Box 91047
Seattle, WA 98111-9147