The Fight Against Big Tobacco: Vaping Lawsuits
Vaping Lawsuits Are on the Rise…
With the evolution of Big Tobacco’s vaping technology came a new set of underestimated dangers. Devices like E-cigarettes are frequently advertised as being the safe alternative to cigarettes, although research has shown that the disposition to develop lung injury or disease from using the devices are just as prevalent. As the injured case count continues to increase, the rise in legal cases follow suit. Vaping manufacturers are being held accountable for their part in the tobacco ecosystem and are facing stricter regulations from advisory groups like the FDA. Companies like Juul, the most popular E-Cig brand in the US with 72% market share, are facing several lawsuits because consumers believe they should be held accountable for educating people about the risks associated with using their products. Legal teams across the country are gearing up to represent both individual and class action suits against Big Tobacco vaping manufacturers and from the looks of it, the case count will continue to increase. There are 3 common themes throughout most of the vaping lawsuits in the US that serve as a direct correlation to the increase in cases.
Fraudulent Marketing
One major theme of the legal claims against vaping manufacturers are the benefit claims stated in their marketing. For example, Juul claimed that their product was meant to help adults stop smoking, however their marketing was aimed at teenagers who had never used nicotine before. In fact, you could infer who Juul’s intended audience was from their offering of fruity flavors, bright colors, and their social media presence. Juul did decrease their social media presence as a result of public outrage regarding their marketing tactics, however among some consumers, addiction, injury, or disease had already prevailed. Some legal experts believe that their business model is perpetuated on the idea that a generation of young people will become addicted to vaping.
Product Liability
Alternatively, to fraudulent marketing claims stems an even more pressing issue among vaping manufacturers- transparency. Since the dawn of cigarettes and the federal government’s initiative to regulate the industry, we have found that consumers typically utilize tobacco products at their own risk; meaning that they are fully aware of the risks associated with consuming those products as it’s often labeled on the packaging. Several vaping lawsuits claim that manufacturers fail to provide adequate product warnings, alert consumers of manufacturing defects, and that the devices or mixtures in the vapes have design defects (like exploding batteries etc.) Product defects have caused serious bodily injury and even death, thus resulting in a swarm of lawsuits.
Medical Expenses
Getting treatment related to vaping injury or disease is not a minimal expense. The costs associated with X-Rays, MRI’s, surgeries, medications etc. can be detrimental to the average health insured patient. Some common injuries noted in several vaping legal claims are burns, paralysis, coma, stroke, heart attack, heart disease and much more. Attorneys are fighting across the country to ensure that patients suffering from injuries or diseases as a direct result of consuming vaping products are receiving compensation for those expenses by the manufacturers that unethically put them at risk.
What do you do if you are diagnosed with Lung Damage form Vaping?
The case count of people suffering from lung damage due to vaping in Georgia is just as prevalent from what’s being seen through national trends. We reached out to Attorney Leland Malchow of the Malchow Johnson Injury Lawyers Law Firm to understand how this prevalent issue is affecting residents in our own backyard. He stated “The Georgia Department of Health has recently announced that the number of vaping associated lung injury cases in Georgia is now 14, including 2 deaths. More than 1000 vaping associated lung injuries have been reported to the CDC nationwide including at least 18 deaths. This epidemic is similar, if not worse than the tobacco health crisis. You should consult with experienced legal counsel, if you have a vaping lung injury.”
