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Electronic Cigarettes

Fred R. Rosenthal
  • Avvo
  • Electronic Cigarette Injury Lawsuits

    E-cigarettes (electronic cigarettes) could be dangerous to your health! Recent tests by the Food & Drug Administration (FDA) found that two popular brands of e-cigarettes contained carcinogens and other dangerous substances. Yet some companies that market e-cigarettes claims they are not as harmful as traditional cigarettes. What's worse, e-cigarettes are often marketed and sold to young people - even children.

    Most e-cigarette users would be shocked at what was found in these devices. The hazardous substances included a highly-toxic chemical used to make antifreeze. The FDA also found that some e-cigarettes labeled as having no nicotine actually contained the addictive substance.

    Our e-cigarette lawyers are investigating a potential class action lawsuit against the distributors of these highly dangerous products. If you smoke e-cigarettes because of claims that they are safer than traditional cigarettes, you may be entitled to compensation. Please contact one of our e-cigarette lawyers right away to protect your legal rights.

    Class Action Bard IVC Filters Side effects lawsuits Parker | Waichman YouTube Videos

    E-cigarettes are battery-operated devices that generally contain cartridges filled with nicotine, flavor and other chemicals. The electronic cigarette turns nicotine, which is highly addictive, and other chemicals into a vapor that is inhaled by the user. E-cigarettes are sold online and at mall kiosks around the country for about $100 to $200.

    Because these products have not been submitted to the FDA for evaluation or approval, there is no way of knowing how much nicotine or other chemicals they deliver to the user. However, limited testing conducted by the FDA has raised alarms.

    According to the FDA, e-cigarettes are marketed and sold to young people. In addition, these products do not contain any health warnings comparable to FDA-approved nicotine replacement products or conventional cigarettes. They are also available in different flavors, such as chocolate and mint, which may appeal to young people.

    The FDA has been stopping shipments of e-cigarettes at the border since 2008. As of July 2009, 50 shipments had been refused, but e-cigarettes are still widely available in the U.S. Canada fully banned the devices in March 2009.

    The FDA believes that e-cigarettes are both a drug and a device, making them subject to regulation under the Federal Food, Drug and Cosmetic Act. However, one of the companies that markets e-cigarettes filed suit against the FDA in April 2009, claiming that the agency overstepped its authority by banning shipments and insisting that e-cigarettes go through the drug approval process.

    FDA E-cigarette Tests

    Because of its concerns about the safety of e-cigarettes, the FDA had its Division of Pharmaceutical Analysis test a small sample of cartridges from two leading brands of electronic cigarettes, Smoking Everywhere and Njoy. The tests found the following:

    • Diethylene glycol was detected in one cartridge at approximately 1%. Diethylene glycol, an ingredient used in antifreeze, is toxic to humans.
    • Certain tobacco-specific nitrosamines which are human carcinogens were detected in half of the samples tested.
    • Tobacco-specific impurities suspected of being harmful to humans-anabasine, myosmine, and β-nicotyrine-were detected in a majority of the samples tested.
    • The electronic cigarette cartridges that were labeled as containing no nicotine had low levels of nicotine present in all cartridges tested, except one.
    • Three different electronic cigarette cartridges with the same label were tested and each cartridge emitted a markedly different amount of nicotine with each puff. The nicotine levels per puff ranged from 26.8 to 43.2 mcg nicotine/100 mL puff.
    • One high-nicotine cartridge delivered twice as much nicotine to users when the vapor from that electronic cigarette brand was inhaled than was delivered by a sample of the nicotine inhalation product (used as a control) approved by FDA for use as a smoking cessation aid.

    At an FDA news conference to discuss the e-cigarette test results, Jonathan Winickoff, MD, chairman of the American Academy of Pediatrics Tobacco Consortium, expressed concerns that the devices - especially those that come in flavors - might appeal to kids. He said e-cigarettes could addict kids to nicotine and turn them into smokers.

    In a statement that followed the release of the FDA test results, the American Lung Association said that it shared the agency's concerns. The group urged the FDA "to act immediately to halt the sale and distribution of all e-cigarettes unless the products have been reviewed and approved for sale by the FDA.

    E-cigarette Class Action Lawsuit

    Thousands of people - even children - use e-cigarettes in the mistaken belief that these devices pose less risk than traditional cigarettes. In reality, they may be exposing themselves to dangerous, cancer causing chemicals. Our e-cigarette lawyers are committed to making sure the marketers of these products pay for their deceptive claims. We are offering free case evaluations to anyone interested in joining an e-cigarette class action lawsuit.

    Parker | Waichman Logo Legal Help For Victims Affected By E-Cigarettes
    If you or someone you love purchased e-cigarettes, you have valuable legal rights. Please fill out our online form, or call 1-800 YOURLAWYER (1-800-968-7529) to discuss your case with one of our e-cigarette lawyers today.


    Electronic CigarettesRSS Feed

    Oklahoma Man Sues After E-Cigarette Explodes in His Mouth

    Jul 8, 2016
    A man in Muskogee, Oklahoma is suing after an e-cigarette exploded in his mouth. The retailer who sold him the device is named as the defendant. According to the lawsuit, the retailer was negligent and failed to tell the 22-year-old plaintiff about potential explosions. Allegedly, the incident caused vision damage and permanent disfigurement. As e-cigarettes become increasingly popular, reports of e-cigarette explosions have been on the rise. Many consumers purchase the device as a healthier...

    E-Cigarettes under Landmark FDA Regulation Move

    May 9, 2016
    The U.S. Food and Drug Administration (FDA) has, after years of debate, managed to extend federal authority to e-cigarettes, banning their sale to anyone under 18 and requiring adults under 26 years-of-age to show photo identification to purchase these products. The rules will take effect in 90 days requiring producers to register with the FDA, plus providing a detailed account of their products' ingredients and manufacturing processes. Cigars, hookah and pipe tobacco are included in the new...

    Reports of Exploding E-Cigarettes Raise Safety Concerns

    Apr 8, 2016
    Reports of exploding e-cigarettes have added to concerns over the devices, which have become increasingly popular in their time on the market. According to the U.S. Fire Administration, there were 25 reports of e-cigarettes exploding or setting fire in 2014. The devices were used by roughly 2.5 million people in the United States that year. Recently, a Kalamazoo man suffered third degree burns when his e-cigarette exploded in his hand. "Took a couple of puffs off of it, had it between my...

    Exploding E-Cigarettes Frequency May Force FDA to Issue Regulations

    Mar 1, 2016
    E-cigarettes have been touted as a means to aid in the effort to stop smoking and have been helpful to some people in attaining that end. However, an increase in explosions and fires caused by these devices has led to investigation by the U.S. Food and Drug Administration (FDA) regarding their safety, ABC News reports. Studies of two popular brands of e-cigarettes by the FDA have revealed carcinogens (nitrocamines) and dyethaline glycol, an anti-freeze component and toxic to humans, present in...

    E-cigarette Makers Fail to Secure Exemption from FDA Regulation of Their Products

    Dec 22, 2015
    In the recently passed government funding bill, E-cigarette makers were not granted the grandfather clause that would have exempted certain products from being regulated by the U.S. Food and Drug Administration (FDA). The House considered a number of policy riders when it was negotiating the 2016 spending bill, but did not grant this one to e-cigarette makers. The exemption would have given an exemption to e-cigarettes already on the market before the FDA finalizes proposed rules, Modern...

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