Why Are E-Cigarette Companies Suing the FDA?

Sep 10, 2019 Defective Product    Legal Blog    Personal Injury

Posted by: Kisling, Nestico & Redick, LLC

Although they have been on the market for several years, the use of e-cigarettes has skyrocketed, particularly among young people. Unfortunately, we don’t know much about the potential risks associated with using an e-cig, but recent reports regarding lung disease, seizures, and other health risks are cause for concern. Marketed as a safer alternative to regular cigarettes, e-cigarette companies continue to resist regulation from the government.

The product liability lawyers at Kisling, Nestico & Redick help people across the state of Ohio who have been injured by unsafe devices. We know how to challenge a major corporation and hold them accountable for the injuries caused by their products so that you can get the compensation you deserve. If you’re suffering from an illness or an injury due to an e-cigarette, call us at 1-800-HURT-NOW, or complete our online form to schedule a free consultation of your case.

An Uphill Road to Regulation

In 2016, the Food and Drug Administration (FDA) expanded its authority over tobacco products to include e-cigarettes. The move was meant to be a first step in providing greater oversight and tighter regulations on e-cigarettes. As part of that process, the FDA intends to review data concerning the safety of these products, which will be provided by and paid for by e-cigarette companies. However, the FDA pushed out the deadline for these companies to submit their studies until 2022.

In response, various anti-smoking groups sued the FDA to speed up the timeline. In June, a federal judge agreed and ordered that the FDA must require e-cigarette companies to submit their studies by May 2020. As the battle over e-cigarettes intensifies, the Vapor Technology Association (VTA) sued the FDA last month as the battle between regulators and e-cigarette companies intensifies.

Representing approximately 800 e-cigarette members, the VTA is seeking to delay the deadline to submit their studies. The VTA claims that the required studies will be an economic burden that will drive many e-cig companies out of business. The VTA is also claiming that its products should not be subject to regulation by the Food and Drug Administration.

Why E-Cigarettes Are Dangerous

E-cigs are believed by many to be a safer alternative to smoking, but that doesn’t mean these products are actually safe. First, just like regular cigarettes, e-cigs contain nicotine – an addictive and potentially toxic chemical. The vapor that is produced by e-cigarettes also includes other potentially harmful compounds and chemicals, including:

  • Heavy metals such as nickel, tin, and lead
  • Diacetyl – a flavoring chemical that has been linked to serious lung illnesses
  • Acrolein – a chemical that is commonly linked to causing asthma and lung cancer

What You Need to Know

E-cigarette companies are part of a multibillion-dollar industry. It’s hard to believe that these companies will go bankrupt as a result of regulation. The FDA allows these companies’ products to stay on the market, and simply requires that they prove their safety and document the potential risks associated with their products. If e-cigarette companies are resisting these efforts, what do they have to hide?

Hurt By an E-Cig? Call KNR Today

We believe that the e-cigarette companies know that their products are dangerous and are trying to keep the truth from regulators. At Kisling, Nestico & Redick, we hold corporations responsible when they sell harmful products to the public. If you’ve suffered an injury related to using an e-cigarette, we may be able to help. Call us at 1-800-HURT-NOW, or visit us online to schedule a free evaluation of your situation.