Posted by: Kisling, Nestico & Redick, LLC
In what is starting to look like the next round of big tobacco litigation, there have been a number of class action lawsuits filed against e-cigarette makers in recent months. These class action lawsuits are filed in federal court on behalf of hundreds of plaintiffs across the country. The outcome could clear the way for future plaintiffs to seek compensation for the injuries and illnesses they are suffering due to e-cigarette use.
The Ohio product liability attorneys at Kisling, Nestico & Redick are watching these lawsuits closely so that we can better serve our clients. We represent people across the state who have been injured as a result of dangerous products. If you’ve suffered an illness or an injury due to using an e-cigarette, we can help.
The Theory Behind Products Liability Lawsuits
Product liability lawsuits are a means of holding manufacturers, distributors, retailers, and other entities liable for injuries caused by unsafe products based on one or more of the following theories:
- The product was unsafe by design.
- The product was improperly manufactured.
- The company failed to provide adequate warnings concerning known risks.
Faster Nicotine Delivery via E-Cigarettes
A California class action lawsuit claims that the design of JUUL e-cigarettes is inherently unsafe. The plaintiffs argue that JUUL’s products are more addictive and dangerous than traditional cigarettes, because they deliver nicotine to the body four times faster. In addition, studies have shown that the body absorbs nicotine from e-cigs twice as fast as regular cigarettes. As a result, users are more likely to become addicted and suffer the adverse health effects of nicotine addiction.
Failure to Warn
There is currently a class action lawsuit pending in Florida – also against JUUL. One of the claims is that the company failed to adequately warn users of the health risks and other dangers associated with using a JUUL e-cigarette. Plaintiffs are alleging that failure to provide adequate warnings about the health risks and likelihood of addiction have led to compulsive use and negative health consequences.
Meanwhile, three New Jersey teens are taking action against JUUL in a proposed class action lawsuit, claiming that the company engaged in deceptive and unconscionable marketing practices. The plaintiffs claim that JUUL’s marketing efforts targeted young people and suggested that the products were safe to use.
Some recent accidents involving e-cigarettes causing injuries have resulted in lawsuits. Notably, a 25-year-old Tennessee sued three different companies involved in selling the e-cigarette and its components that blasted apart and broke several of his teeth. A woman in Washington state has also filed a lawsuit after being injured by an exploding e-cig. She has sued the manufacturer as well as the retailers where she bought the device and supplies.
In these cases, the plaintiffs claim that the design or manufacturing of the e-cigarette was defective, evidenced by the fact that it exploded and caused their injury. Manufacturers of the lithium-ion batteries that power the devices are also being named in the lawsuits. While these suits are not class action cases, there could be a class action lawsuit on the horizon if more people suffer injuries as the result of exploding e-cigarettes.
Contact an Ohio Defective Product Lawyer Today
E-cigarette companies have made billions by selling unsafe products while failing to disclose the potential health risks to users. At Kisling, Nestico & Redick, we know how to hold e-cig companies accountable for their actions. If you’re sick or injured as a result of using one of these products and don’t know what to do, contact us at 1-800-HURT-NOW to schedule a free, initial case evaluation.