At Advocate Capital, we understand that meaningful change often starts in the courtroom, it’s why we proudly support the critical work of organizations like Public Justice. Their latest effort in Dunn v. Santa Fe Natural Tobacco Co. is another powerful example of how trial lawyers and legal advocacy groups can protect consumers from corporate misconduct.
In this case, the plaintiffs allege that Santa Fe Natural Tobacco Company used misleading marketing tactics to promote its “Natural American Spirit” cigarettes. Specifically, the company labeled its menthol products as “100% additive-free natural tobacco,” a claim contradicted by the fact that menthol itself is an additive. Regulators at the FTC and FDA agreed, eventually prompting Santa Fe to stop using the terms “natural” and “additive-free” on packaging and advertising.
The class action suit argues that Santa Fe capitalized on these misleading labels to charge a premium for cigarettes perceived as safer or healthier than other brands. The case is built around two class theories: those who bought menthol cigarettes marketed as additive-free and those misled by broader “natural” and “organic” health claims.
Public Justice is leading the charge on appeal to challenge the use of “heightened ascertainability” standards that can make it nearly impossible for consumer class actions to be certified. If the class isn’t certified, the case doesn’t move forward.
This legal battle matters far beyond this one lawsuit. If the Tenth Circuit adopts Public Justice’s arguments, it could help prevent corporations from using procedural barriers to escape accountability, ensuring that consumers can band together to challenge deceptive practices. The outcome could shape how class actions function across the country, particularly when identifying class members, applying the “reasonable consumer” standard, and calculating damages based on price premiums.
At Advocate Capital, we know that trial lawyers are essential to our civil justice system. Class action lawsuits like this one give consumers a voice, especially when they’d otherwise be outmatched by corporate power. That’s why we’re proud to support Public Justice and encourage our clients and colleagues to do the same, whether through donations, membership, or simply sharing their vital work.
