22nd Century Securities Litigation

The purpose of this website is to inform you of the pendency of this class action (the “Action”) between Lead Plaintiffs Joseph Noto, Garden State Tire Corp, and Stephens Johnson, individually and on behalf of all others similarly situated.

IF YOU PURCHASED OR OTHERWISE ACQUIRED 22^ND CENTURY GROUP, INC (“22^ND CENTURY”) SECURITIES DURING THE PERIOD FROM FEBRUARY 18, 2016 THROUGH JULY 31, 2019, INCLUSIVE (THE “SETTLEMENT CLASS PERIOD”), YOU COULD RECEIVE A PAYMENT FROM A CLASS ACTION SETTLEMENT.

Please be advised that your rights may be affected by the above-captioned securities class action (the “Action”) pending in the United States District Court for the Western District of New York (the “Court”), if, during the period from February 18, 2016, through July 31, 2019, inclusive (the “Settlement Class Period”), you purchased or otherwise acquired 22^nd Century Group, Inc. (“22^nd Century”) securities and were allegedly damaged thereby.

Please also be advised that the Court-appointed Lead Plaintiffs Joseph Noto, Garden State Tire Corp., and Stephens Johnson (“Lead Plaintiffs”), on behalf of themselves and the Settlement Class, have reached a proposed settlement of the Action for $3,000,000.00 in cash that, if approved, will resolve all claims in the Action (the “Settlement”).

The Frequently Asked Questions page of this website has more information on your rights as a Class Member in this Action.

Your Legal Rights and Options in this Settlement

Submit a Claim Form Online or by First-Class U.S. Mail Postmarked or Submitted Online No Later than October 10, 2023.	This is the only way to be potentially eligible to receive a payment from the Settlement Fund. If you are a Settlement Class Member and you remain in the Settlement Class, you will be bound by the Settlement as approved by the Court and you will give up any Released Lead Plaintiffs’ Claims that you have against Defendants and the other Defendants’ Releasees, so it is in your interest to submit a Claim Form.
Exclude Yourself from the Settlement Class by Submitting a Written Request for Exclusion So That It Is Received No Later than September 12, 2023.	If you exclude yourself from the Settlement Class, you will not be eligible to receive any payment from the Settlement Fund. This is the only option that allows you to be part of any other lawsuit against any of the Defendants or the other Defendants’ Releasees concerning the Released Lead Plaintiffs’ Claims.
Object To the Settlement by Submitting a Written Objection So That It Is Received No Later than September 12, 2023.	If you do not like the proposed Settlement, the proposed Plan of Allocation, or the request for attorneys’ fees and reimbursement of Litigation Expenses, you may write to the Court and explain why you do not like them. You cannot object to the Settlement, the Plan of Allocation or the fee and expense request unless you are a Settlement Class Member and do not exclude yourself from the Settlement Class.
Attend a Hearing on October 3, 2023, at 11:00 a.m., and File a Notice of Intention to Appear so That It Is Received No Later than September 12, 2023.	Filing a written objection and notice of intention to appear by September 12, 2023, allows you to speak in Court, at the discretion of the Court, about the fairness of the proposed Settlement, the Plan of Allocation, and/or the request for attorneys’ fees and reimbursement of Litigation Expenses. If you submit a written objection, you may (but you do not have to) attend the hearing and, at the discretion of the Court, speak to the Court about your objection.
Do Nothing.	If you are a member of the Settlement Class and you do not submit a valid Claim Form, you will not be eligible to receive any payment from the Settlement Fund. You will, however, remain a member of the Settlement Class, which means that you give up your right to sue about the claims that are resolved by the Settlement and you will be bound by any judgments or orders entered by the Court in the Action.