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Products Liability and E-Cigarette Malfunction

Products Liability and E-Cigarette Malfunction

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When you purchase a product such as a vaping pen or e-cigarette, you have the right to expect the product to be safe to use for its intended purpose. Unfortunately, many products do not meet the legal standards of safety and can cause serious safety hazards. As a defective product, vaping pens have the ability to undergo battery explosions, have undisclosed side effects, are now being investigated for causing damaging and permanent lung conditions, and even death, or pose other health and safety dangers.

In the State of California, parties including the product’s manufacturing company, its designers, assemblers, its distributors, or its retailers can face responsibility for the injuries caused by the product.

A General Overview on the Safety of Vaping

E-cigarette consumption is fairly new, and studies have not yet determined the full extent of the dangers surrounding the long-term effects of e-cigarettes. Regardless of the dangers, these products are widely used by consumers of all ages.

According to the Food and Drug Administration, vaping tools (those labeled for therapeutic purposes) are regulated by the FDA’s Center for Drug Evaluation and Research. The federal agency warns that vaping tools have reportedly caused injuries and ailments such as:

Pneumonia,Seizures,Congestive heart failure,Hypotension,Disorientation,Other health concernsDeath With insufficient safety regulations and product testing, vaping pen cartridges and liquids are placing consumers in unnecessary danger.  Studies and regulations are running behind; but they are catching up.

E-Cig & Vaping Lawsuits

In October of 2019, New York City filed a federal lawsuit against 22 online resellers of vaping products alleging that they're targeting children and young adults with flavors like "Lemon Twist," "Freddy's Pebbles" and "Whipped Salted Caramel. Additionally, there have been numerous lawsuits against E-cigarette manufacturers and suppliers, like Juul and big tobacco companies, alleging a wide variety of health problems even death caused by electronic cigarette products. 

Vaping Among College Students

Many electric cigarette companies have targeted young audiences in their marketing, ultimately leading to mass consumption by users under the age of 25. According to the Centers for Disease Control and Prevention, young consumers are a huge part of the vaping consumer base in the United States. Currently, more than 1 out of every 10 adults between 18 and 24 years smoke or vape.

Cigarette consumption is common among young adults and teenagers as well. Young consumers are heavily targeted across media campaigns. Additionally, this group is also susceptible to peer pressure. Regardless, young consumers are less inclined to recognize the risks associated with electric cigarette use and may also fail to recognize that their young age does not displace them from the dangers associated with smoking or vaping.

Recent Information Regarding Lung Illnesses Linked to the Use of a Vaping Product

The Centers for Disease Control and Prevention, along with the FDA, are working tirelessly to study distressing events associated with e-cigarette use. Studies are currently focusing on cases of difficulty in breathing or chest pain, and being hospitalized after vaping. The FDA and the Centers for Disease Control and Prevention warn users that a majority of health concerns have reportedly derived from vaping products (especially if used when containing tetrahydrocannabinol (THC), the psychoactive component in marijuana).

Hire the Support of a Qualified Products Liability Attorney

Injuries resulting from a vaping pen product malfunction (or any defectove product) can always have serious consequences. When the injuries result in health issues, the result can last a lifetime. If you or someone you know was severely injured (or died) after using an electric cigarette, seek the advice of a knowledgeable products liability attorney who can assist you in making a claim or filing a lawsuit. An injured victim should have the ability to recover financial compensation.  The Riverside personal injury lawyers at Heiting & Irwin, APLC are dedicated to the legal support of victims that have suffered injuries because of another’s negligence. Products liability cases in California are time sensitive; consult an experienced product liability attorney today for a free consultation.

About The Author
James Heiting
James Heiting is the only past President of the State Bar of California ever elected from the Inland Empire, James Heiting handles civil litigation matters throughout California, recovering over $300 million for clients, dealing with wrongful death, serious injury, professional malpractice and transportation accidents. Also past President of Riverside’s County Bar, his firm has served the Inland ...read more


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