March 3 (Reuters) - A Delaware judge on Monday ordered
ITG Brands to pay rival cigarette maker Reynolds American $251.5
million in connection with a Florida tobacco settlement,
following ITG's purchase of four cigarette brands from Reynolds
a decade ago.
Vice Chancellor Lori Will of the Delaware Chancery Court
rejected ITG's argument that the $251.5 million, the full amount
Reynolds sought, be reduced by money Reynolds saved because ITG
did not join the Florida settlement.
Reynolds is a unit of British American Tobacco ( BTI ),
while ITG is a unit of Britain's Imperial Brands ( IMBBF ).
The case arose from Reynolds' June 2015 sale of the Kool,
Maverick, Salem and Winston brands to ITG, so Reynolds could win
regulatory approval for its $25.8 billion purchase of smaller
rival Lorillard.
Before the sale, Reynolds had for many years made annual
payments to Florida under a settlement to recoup tobacco-related
healthcare costs, after the state accused cigarette makers of
misrepresenting the addictiveness and health risks of smoking.
But after the sale closed, Reynolds stopped making payments
that had been based on sales of the four brands it no longer
owned.
Florida then sued Reynolds and ITG, and obtained a judgment
requiring Reynolds to make payments unless and until ITG joined
the settlement.
Reynolds paid Florida $251.5 million attributable to the
four brands for 2015 to 2023.
Will in October 2022 found ITG liable to reimburse Reynolds,
leaving the question of how much to pay.
In Monday's decision, Will said it would be "perverse" to
reduce ITG's liability by the estimated $112.8 million of
"profit adjustment" payments that Reynolds saved because ITG did
not join the Florida settlement.
"To reduce Reynolds' damages as though ITG joined the
Florida settlement agreement would disincentive ITG from ever
doing so," Will wrote.
The companies and their lawyers did not immediately respond
to requests for comment. Reynolds is based in Winston-Salem,
North Carolina, and ITG is based in Greensboro, North Carolina.