Top Takeaways:

• R.J. Reynolds states that Vuse’s “carbon neutral” claims are third-party certified and not misleading.
• Plaintiffs claim that the offsets used, including Uruguay’s Guanaré Forest project, had no actual climate impact.
• The company states it ended the marketing campaign in 2023 and is seeking dismissal due to lack of economic harm.

R.J. Reynolds Vapor Co. has asked a California federal judge to dismiss a proposed $5 million class-action lawsuit that alleges the company deceived consumers with false environmental claims about its Vuse e-cigarette line.

In a motion filed in the U.S. District Court for the Northern District of California, the British American Tobacco (BAT) subsidiary argued that its statements describing Vuse as “the world’s first global carbon-neutral vape brand” were based on independent third-party certifications and met recognized verification standards.

According to the filing, Reynolds stated that its emissions data were verified by Vertis Environmental Finance Ltd., while its offset credits were certified by Verra, a nonprofit carbon-credit registry. The company maintains that it neither performed its own emissions calculations nor exaggerated the environmental benefits of its program.

“At the time the claims were made, they were true and substantiated under established methodologies,” the company wrote, adding that the complaint “fails to allege any false statement of fact.”

The motion, filed last week, also challenges the plaintiffs’ “price-premium” theory of consumer harm, claiming they have provided “no factual basis to show that Vuse products commanded higher prices because of the carbon-neutral claim.” Reynolds contends that the suit does not demonstrate economic loss or consumer deception under federal or California state law. according to Law360.

The lawsuit, Bell et al. v. R.J. Reynolds Vapor Co. et al. (No. 4:25-cv-04521), was first filed on May 28, 2025. Plaintiffs allege that BAT and its U.S. subsidiary misled consumers by marketing Vuse as environmentally sustainable while relying on offsets later deemed to lack climate integrity.

The complaint cites an independent 2022 analysis finding that the Guanaré Forest Plantations Project in Uruguay—source of over one-third of BAT’s purchased credits—had “zero measurable climate benefit.”

Attorneys Amber L. Schubert, Fletch Trammell, Don Bivens, and Teresita T. Mercado represent the plaintiffs. Reynolds is represented by Darren K. Cottriel, Tyler Fields, and Patrick Haney of Jones Day.

BAT asserts that its environmental claims were accurate when made and were independently validated in 2021 as part of its global sustainability initiative.

A company spokesperson reiterated that all “carbon neutral” marketing for Vuse was phased out in December 2023, nearly two years after the campaign was launched. A 2021 BAT press release, still accessible on its website, describes Vuse as “the world’s first carbon-neutral vape brand.”

Legal experts observe that the case highlights increasing scrutiny of “greenwashing” lawsuits targeting consumer brands over climate-related advertising. Similar lawsuits have been filed against food, fashion, and energy companies for exaggerating carbon-offset claims.

If the court allows the Vuse case to move forward, it could become one of the first tests of how U.S. courts handle environmental marketing claims in the quickly growing reduced-risk nicotine product sector.

For now, Reynolds maintains that its campaign met all disclosure and verification requirements—and that, without concrete harm, the plaintiffs’ claims “cannot stand as a matter of law.” A hearing on the motion to dismiss has not yet been scheduled.