Juul Class Action Vaping Lawsuits
Juul Lawsuit Lawyers for Lung Injury & Addiction
Over 2,807 lung injuries and 68 confirmed deaths have been that have been linked to the use of e-cigarettes a/k/a vape pens according to the U.S. Center for Disease Control. Flavored E-cigarette manufacturer, Juul, and other manufacturers are facing a number of lawsuits filed by Juul lawsuit lawyers across the country over vaping-induced lung injury and deaths that have been linked to the use of e-cigarettes. Some of these cases involving misrepresentations in the marketing towards teens have already been consolidated in a Juul class action in the U.S. District Court for the Northern District of California.
If your teen suffered vape-induced lung injury or have become addicted to nicotine as a result of using flavored e-cigarettes or “vaping,” you may be entitled to seek compensation for medical costs of treatment of both the addiction and/or associated illnesses as well as other damages. Call Simmons and Fletcher, P.C. to discuss your e-cigarette vaping claim today.
Why is Juul Being Sued?
Juul lawsuits have been filed on two grounds: 1) Juul products sold before November of 2018 failed to warn purchasers that the product contained nicotine, and; 2) alleged defective marketing tactics mislead people into believing that Juul was safer than smoking. Prior to November of 2018, Juul failed to include warnings on its product that it contained nicotine. This and other misleading marketing tactics lead some young consumers into believing that e-cigarettes are a ‘safer alternative’ to smoking. The marketing tactics employed by Juul appealed to a younger audience on social media and other advertising media with a deceptive theme that using e-cigarettes a.k.a ‘vaping’ is a ‘safer alternative’ to smoking. In addition, e-cigarettes and vape products sold by Juul and others are marketed and sold in candy-themed and fruity flavors that naturally appeal to children such as sour gummy, cotton candy, or iced watermelon. These cases are based upon a marketing defect–the failure to warn of a known risk or danger associated with the product.
On September 9, 2019, the U.S. Food and Drug Administration (FDA) sent a warning letter to Juul, stating that Juul had “engaged in labeling, advertising and/or other activities” in which Juul represented that its products were a safer alternative to smoking without gaining the required FDA approval to do so. The letter went on to cite testimony that Juul representatives had made representations to students at a presentation that Juul products were “totally safe,” “the FDA was about to come out and say [using Juul] was 99% safer than cigarettes.” None of these representations had been demonstrated true nor approved by the FDA.
What are E-Cigarettes?
Electronic Cigarettes or ‘E-Cigarettes’ are electronic nicotine delivery systems that work by heating a liquid and turning it into a vapor that is inhaled into the lungs by the user. They are also commonly referred to as vapes, e-pens, e-hookas, Juuls, and Juul pods. The nicotine delivery system may be designed to look like a cigarette, pen, stick, zip drive, or other small, handheld device. Some are designed to be refilled via liquid refills sold in bottles while others are designed to use refill “pods” often referred to as Juul pods.
What is in Vape Juice?
The liquid itself used to fill and refill e-cigarettes may contain nicotine, THC, CBD oils, artificial flavorings, and other liquids/chemicals depending upon who you purchase it from. A study published by the Journal of Pediatrics reported that they found numerous carcinogens such as formaldehyde, acrolein, and toluene in vape juice. Many companies manufacture vape juice fills and refills and thus, each may vary in the formula.
What are the Injuries Associated with E-Cigarettes?
There are several lung injuries that have been associated with e-cigarette use. These include injuries associated with nicotine use, lung injuries associated with other chemicals that may be found in vape juice, and addiction.
Injuries Associated with Nicotine Use
One of the injuries that may be associated with vaping is nicotine poisoning. Nicotine poisoning occurs when you have too much nicotine in your body to the point it becomes toxic. Since vaping refill pods often contain 20x the amount of nicotine as one cigarette, a person may intake a much higher dose in one setting simply by accident. Symptoms of nicotine poisoning or nicotine toxicity include seizures, convulsions, blood clots, pulmonary embolism, high or elevated blood pressure, stroke, pain in the joints, and/or other heart diseases.
Lung Injuries Associated with Other Chemicals in Vape Juice
There have been other concerns over the potential harms caused by vaping related to what may be found in the vape juice itself. Vape juice is sold by a number of companies in bottle and pod forms for refill purposes. The Journal of Pediatrics did a study that found several cancer-causing chemicals such as formaldehyde, acrolein, and toluene in the juices researched.
Additionally, when vape juice is heated by the electronic nicotine delivery system, a reaction may produce certain metal particles that are then inhaled and lodged in the insides of the lungs. A condition known as popcorn lung has been associated with E-Cigarette use as well. Symptoms of popcorn lung include coughing, wheezing, shortness of breath, and other respiratory issues.
Yes. One Juul pod contains as much nicotine as an entire pack of cigarettes. That is a massive dose of nicotine in each Juul pod. Middle school and high school-age children are drawn to the fruity and candy flavors only to find that these e-cigarettes are just as if not more addictive as smoking cigarettes. Nicotine addiction can be costly to treat and take years to completely overcome.
Is Vaping Banned/Illegal?
No. However, several regulations have come out regarding the sale of vaping products. As the medical and addictive issues have come to light, at least forty-seven states have seen indoor bans enacted by local governments pertaining to the use of e-cigarettes in the workplace, restaurants, and bars. Starting in the summer of 2019, several cities, states, and even the country of India have enacted bans on the sale of flavored and unflavored e-cigarettes and vaping products altogether.
Do I Have a Case?
While other Juul vaping lawyers’ criteria may vary, we are currently interested in evaluating your case if you were under the age of 18 when you started vaping and became addicted to nicotine prior to November of 2018 due to use of vaping products and/or suffered popcorn lung or any other serious lung injury or death associated with vaping that started under the age of 18.
If you were misled and have been injured by vaping products, you may have the right to recover for medical care, treatment for addiction, pain, suffering, mental anguish, and other damages occasioned by the use of vaping products. Call (713) 932-0777 today to be connected with a Juul vape injury lawyer for a free consultation.