July 24, 2024


The Legal System

When Should Users Take Legal Action Against E-Cigarette Manufacturers? Here Are Five Examples . . .

When Should Users Take Legal Action Against E-Cigarette Manufacturers? Here Are Five Examples . . .

e-cigarette usage continues, but what happens if there are product risks or the health risks associated with their use?

In 2020, there were over 1.3 billion smokers in the world. That’s around 22 per cent of the global population. That number will reach 1.6 billion by 2025 if current trends continue. 

That’s obviously not a good sign, given the smoking health risks that are so well known. According to the World Health Organization, tobacco smoking causes 8 million deaths a year. Of course, people are working out ways to find alternatives to smoking and tobacco use, and e-cigarettes are seen as a popular way of quitting smoking

However, e-cigarettes are not without their risks and downsides.

When Should Users Take Legal Action Against E-Cigarette Manufacturers? Here are five examples . . . 3

The U.S. Surgeon General (pictured left) has spoken of an “e-cigarette epidemic among youth.” Most e-cig lawsuits have been filed by young adults or parents of underage children who were unaware of the side effects of vaping.

As of October 14, 2022, there were 4,200 Juul lawsuits from around the United States involving Juul e-cigarette devices, which include the risks identified by the Surgeon-General.

When an e-cigarette company has done something wrong, you may be entitled to compensation for your injuries and the e-cigarette legal actions may include different causes of action including the following –

#1 When You Suffer Physical Harm

In addition to being an addicting substance, e-cigarettes can cause burns to your mouth and throat, lung damage, and even cancer.

For instance in the Californa the Center for Environmental Health has initiated new legal actions against four more e-cigarette companies, including Logic, a division of Japan Tobacco, and Fin, a division of Electronic Cigarettes International and relating to two cancer-causing chemicals, formaldehyde and acetaldehyde, as required by California law.

#2 When They Advertise to Children

The law prohibits the advertising of tobacco products to minors and preventing false information and messages reaching them before they possess the necessary critical thinking skills and can fully understand the consequences of their actions is important.

E-cigarettes are still a relatively new technology, so, understandably, some may believe they should be exempted from this rule. However, since e-cigarettes are also addictive and could expose youth to nicotine addiction and harm their health, they should not be advertised to children. 

American e-cigarette company JUUL has been found guilty of marketing its products to kids. That’s why JUUL attorneys are constantly watching over the company’s actions and marketing tendencies to take legal action against them as necessary. 

The company promotes JUUL products and their flavors using colorful packaging and flashy advertisements. Thus, it’s evident that they’re making the products look more appealing to children. 

In 2021, over two million U.S. middle and high school students used e-cigarettes. It’s a statistic that should have people worried, especially parents. Thus, if you feel companies are trying to promote e-cigarettes to children, don’t hesitate to take legal action. Otherwise, it might be too late for you to save them from getting addicted to these products.

#3 When They fail to guarantee safety.

When the manufacturer of an e-cigarette fails to guarantee the safety of its devices there is the potential for legal action against them. In the United States, it’s estimated that more than 2 million people use e-cigarettes. 

However, these products aren’t always regulated by the FDA and, as explained above, have been found to contain toxic chemicals such as formaldehyde and lead. Even more concerning is the fact that exploding e-cigarettes can cause fires and other life-threatening injuries.

If e-cigarettes fail to meet such safety standards and lead to accidents, you should take legal action accordingly


#4 When They Sell Defective Products

E-cigarette devices are often used as a nicotine-delivery system and come with many of the same risks as traditional cigarettes and can be defective and dangerous, quite apart from the health issues that are presented.

If your product is defective in any way and causes harm to you or others, it may be time to take legal action against the manufacturer. In some cases, manufacturers may have been aware of defects but failed to tell consumers about them until it was too late, which is clearly a culpable action (or inaction) on their part.

This is called product liability, which means that a company is responsible for any injuries caused by its products. In these situations, anyone who has suffered injuries should be able to sue for compensation.

#5 When They Sell Their Products in Areas That Banned E-Cigarettes

If you live in an area that has banned e-cigarettes, companies should not be selling their products in your area. If they do sell their products, you can take legal action against them.

In such cases, whether you want it or not, the government or local administrative authorities will get involved. After all, this matter will reach their desks eventually. They, too, will be looking to take action against such companies.

If the e-cigarette company has been operating in that area for a while, it’s possible that the authorities already know about it. Sooner or later, they will take action. However, just to be safe, do your part and notify them about these activities. 

The use of tobacco leads to seven million deaths every year. By 2030, that number will cross eight million. While the search for ‘safer alternatives’ continues and e-cigarettes have been presented as the savior from smoking risks, it appears that this is not at all the case.

Where risks occur through non-compliance with laws or regulations or through product liability and other issues, the rights of the e-cigarette user should be upheld.