Pomerantz Wins 2nd Circuit Reversal in 22nd Century Group Securities Litigation

On May 24, 2022, the 2nd Circuit reversed, in part, the district court’s decision in dismissing the Plaintiffs’ Complaint in Noto v. 22nd Century Grp., Inc., 35 F.4th 95 (2d Cir. 2022). This securities class action alleges, among other things, that 22nd Century Group, Inc. (“22nd Century” or the “Company”), failed to disclose that it was the subject of an investigation by the U.S. Securities and Exchange Commission (“SEC”) in connection with material weaknesses in the Company’s accounting controls. 22nd Century is a biotechnology company working to genetically engineer tobacco plants to produce reduced-nicotine tobacco products. The Company is also…