# Class Action Complaint Against [Defendant's Name] for Sale of Non-Organic Tobacco Containing Harmful Additives and Poisons

# Class Action Complaint Against [Defendant's Name] for Sale of Non-Organic Tobacco Containing Harmful Additives and Poisons

**UNITED STATES DISTRICT COURT**  
[District Name]  

**[Plaintiff's Name], individually and on behalf of all others similarly situated,  
Plaintiff,**

**v.**

**[Defendant's Name],  
Defendant.**

**Case No. [XXXXX]**

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### INTRODUCTION

1. This class action lawsuit is brought by Plaintiff [Plaintiff's Name] ("Plaintiff"), individually and on behalf of all others similarly situated, against [Defendant's Name] ("Defendant") for Defendant's alleged wrongdoing related to the sale of non-organic tobacco products containing harmful additives and poisons.

### JURISDICTION AND VENUE

2. This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1332(d) because the amount in controversy exceeds $5,000,000, and there is minimal diversity as defined under the Class Action Fairness Act of 2005.  
3. Venue is proper in this District under 28 U.S.C. § 1391 because a substantial part of the events giving rise to the claim occurred in this District, and Defendant conducts significant business within this jurisdiction.

### PARTIES

4. Plaintiff [Plaintiff's Name] is a resident of [State], who purchased non-organic tobacco products from Defendant.  
5. Defendant [Defendant's Name] is a corporation organized under the laws of [State], with its principal place of business in [Location]. Defendant manufactures, markets, and sells non-organic tobacco products throughout the United States.

### FACTUAL ALLEGATIONS

6. Defendant manufactures, markets, and sells non-organic tobacco products under various brand names.  
7. Defendant falsely advertised these products as being of high quality, safe for use, or environmentally friendly, despite being non-organic and containing harmful additives and poisons.  
8. Defendant's non-organic tobacco products contain numerous additives, including but not limited to ammonia, arsenic, formaldehyde, and lead, which are known to be harmful and pose significant health risks.  
9. These additives include toxic substances such as formaldehyde, ammonia, and arsenic, which are harmful when inhaled and can lead to serious health issues including respiratory problems, heart disease, and cancer.  
10. Defendant failed to disclose the presence of these harmful substances, misleading consumers into believing the products were safer than they actually are.  
11. As a result of Defendant's actions, Plaintiff and the Class Members were misled, exposed to significant health risks, and suffered financial losses.

### CLASS ACTION ALLEGATIONS

12. Plaintiff brings this action pursuant to Federal Rule of Civil Procedure 23(a), (b)(2), and (b)(3) on behalf of a class consisting of all individuals in the United States who purchased non-organic tobacco products from Defendant (the "Class").  
13. The Class is so numerous that joinder of all members is impracticable. Upon information and belief, the Class consists of thousands of consumers nationwide.  
14. There are questions of law and fact common to the Class, including:
    - Whether Defendant misrepresented the nature and safety of its non-organic tobacco products;
    - Whether Defendant failed to disclose the presence of harmful additives and poisons;
    - Whether Defendant's conduct violated consumer protection laws;
    - Whether Defendant's actions caused economic and health-related harm to the Plaintiff and the Class Members.  
15. Plaintiff's claims are typical of the claims of the Class. Plaintiff and all Class Members were similarly affected by Defendant's wrongful conduct.  
16. Plaintiff will fairly and adequately protect the interests of the Class. Plaintiff has retained counsel competent and experienced in class action litigation.  
17. A class action is superior to other available methods for the fair and efficient adjudication of this controversy. The individual claims of the Class Members are too small to make individual litigation an economically feasible alternative.

### CAUSES OF ACTION

**Count I: Breach of Warranty**

18. Plaintiff re-alleges and incorporates by reference the allegations contained in the preceding paragraphs.  
19. Defendant breached express and implied warranties by selling non-organic tobacco products that were falsely advertised and not fit for their intended use.  
20. As a direct and proximate result of Defendant's breach of warranty, Plaintiff and the Class Members have suffered damages.

**Count II: Unjust Enrichment**

21. Plaintiff re-alleges and incorporates by reference the allegations contained in the preceding paragraphs.  
22. Defendant was unjustly enriched at the expense of Plaintiff and the Class Members by selling non-organic tobacco products under false pretenses.  
23. It would be inequitable for Defendant to retain the benefits received from its wrongful conduct.

**Count III: Violation of Consumer Protection Laws**

24. Plaintiff re-alleges and incorporates by reference the allegations contained in the preceding paragraphs.  
25. Defendant's actions constitute unfair and deceptive practices in violation of consumer protection laws, including but not limited to [relevant state consumer protection laws, e.g., California Business and Professions Code § 17200].  
26. As a result of Defendant's violations, Plaintiff and the Class Members have suffered and will continue to suffer damages.

### PRAYER FOR RELIEF

WHEREFORE, Plaintiff, individually and on behalf of the Class, prays for judgment against Defendant as follows:  
A. Certifying the proposed Class;  
B. Awarding Plaintiff and the Class compensatory damages, restitution, and disgorgement of profits;  
C. Awarding attorneys' fees, costs, and expenses;  
D. Awarding pre- and post-judgment interest; and  
E. Granting such other and further relief as the Court deems just and proper.

### DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury on all issues so triable.