E-Cigarette Law Suits Being Made Easy

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The sole purpose of Banzhaf's most recent press release is to encourage some law firm to file class action lawsuits against e-cigarette companies (and of course to further promote Banzhaf).

But only a small percentage of lawyers/lawfirms have filed class action lawsuits (usually very wealthy ones who have won past class action lawsuits), class actions are very expensive to litigate, the vast majority of class action lawsuits fail, and class actions are almost always filed against corporations with deep pockets (as the plaintiff's attorneys are going to waste their time/resources going after companies that have little resources).

Also, in order to win a lawsuit, the plaintiff (or plaintiffs in the case of class action) must prove that they've been harmed. I'd be interested in hearing what "harm" the SE e-cigarette was alleged to have caused to the sole plaintiff from San Diego who filed the class action lawsuit against Smoking Everywhere.

In the suit it says that based on Smoking Everywhere's claim that their product contained no carcinogens, the plaintiff purchased an e-cigarette but that the FDA study showing that there were in fact carcinogens (and DEG--even though the cart with DEG isn't on the market and no DEG was found in the actual vapor).

That's why I quoted the Nicoderm CQ website that says they don't contain carcinogens. If Banzhaf's suit holds any water, it seems to me that it would be equally (if not more) effective against GSK.

The "harm" incurred by the plaintiff is the money spent on products advertised as containing no carcinogens. I spent money on Smoking Everywhere e-cigs, and I've spent money on NicoDerm--and I'd like to get my money back from either or both so I could use it on products that actually WORK.
 
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Canute

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In the suit it says that based on Smoking Everywhere's claim that their product contained no carcinogens, the plaintiff purchased an e-cigarette but that the FDA study showing that there were in fact carcinogens (and DEG--even though the cart with DEG isn't on the market and no DEG was found in the actual vapor).

That's why I quoted the Nicoderm CQ website that says they don't contain carcinogens. If Banzhaf's suit holds any water, it seems to me that it would be equally (if not more) effective against GSK.

The "harm" incurred by the plaintiff is the money spent on products advertised as containing no carcinogens. I spent money on Smoking Everywhere e-cigs, and I've spent money on NicoDerm--and I'd like to get my money back from either or both so I could use it on products that actually WORK.

The problem with this thread is that I agree with so many of your comments that I don't know where to begin!!! This one however is huge and one I've been meaning to discuss with people.

Glad someone else noticed that the big bad chemical (diethylene glycol) quoted by the FDA as being present in one out of nineteen cartridges wasn't even found in the actual vapor test but in the cartridge test. In my researching I've found that both DEG and ethylene glycol are used in plastics as well. In the case of ethylene glycol, it is released from many of these plastics upon heating and is why many food containers are marked as "non-microwaveable" or in it's absence or stable form "microwave safe". This leads me to ponder (admittedly I have not verified the scientific plausibility of this yet and am still researching) if the DEG even came from the e-liquid at all!!! Melted cart anyone??? In addition to that (as stated in above post) I have actual scanned documents (though not domestic) from 1977 showing that DEG was once an intentional additive to tobacco and not simply a trace chemical. Considering that the FDA was all for adding even more chemicals to current cigarettes for the purpose of creating FSC's does anyone really believe analogs are safer now than they were prior to the 80's?

I too originally purchased the SE brand and found it to be an utter piece of junk. I may even be inclined to agree with false advertising accusations posed by this lawsuit (specifically their claim that one cartridge that holds about two drops of liquid is equivalent to a pack of cigarettes). However, the problem is the general public will simply relate this suit as an indication that e-cigs are truly bad and will not take it for what it is. In addition this suit is clearly being bolstered (if not flat out made possible) by the FDA's bogus condemnation. I find it sad that SE manufactures what is, in my opinion, an extremely sub-par product and yet they are leading the fight for e-cigs and are the ones being tested as a benchmark for all others!

Prehoda - The Land of the Free "I've come to the conclusion that, these days, it is really just a mission statement rather than a fact." You couldn't have said it better!!! Unfortunately our government seems to pursue that mission as vigorously as the FDA pursues their own mission statement!

Vocalek - Again you're dead on!!! My prediction is that the FDA will in all likelihood succeed in banning e-cigs on the grounds that studies need to be conducted regarding long term usage. I'm told these studies take seven years on average. During which time 3.2 million Americans will die of tobacco related illness. Granted those people are probably past the point of no return already but that also means that another 3.2 million will pass their point of no return. All so that they can crush current manufacturers and eventually turn, what will then be heralded as a breakthrough cessation device, over to big pharmaceutical. They in turn will place pv's on the shelf next to the nicotine patches and include a flavorless and deliberately unsatisfying liquid in the package so as to ensure that the success rate remains at a dismal level....thus making everyone happy...big tobacco doesn't lose much, pharmaceutical gets their slice and the FDA continues to rake in the tax revenue and appears to be a valid agency. Oh wait, the 6.4 million dead or dying may not be too happy!!!!

What we need is our very own Erin Brockovich. Hell...maybe we actually need Erin Brockovich or at least some pointers from her! In fact I just paused to look at her website and think I'll put together a letter asking for her to review our plight and provide some input on a course of action!

To all signers of the petition- After three e-mails and a weeks wait I have still not received word one from Care2 regarding the petition. Apparently they joined the ranks of Amazon and Paypal!! I do have plans to further our cause but honestly am trying to determine how I (a working guy with 3 kids at home) can devote the attention my plan would require. One thing's for sure SOMEBODY has gotta stop talking and start doing before the FDA is awarded jurisdiction over us.
 
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Buzzed

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May 30, 2009
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Question related to the description of electronic cigarettes that they say vendors are using which are telling us false information about the safety of the devices.

I've seen the following description of electronic cigarettes around and I'm wondering what about this is misleading? Does this make false claims?

An electronic cigarette, otherwise known as a personal vaporizer,
is a battery-powered device that provides inhaled doses of
nicotine by way of a vaporized solution. In addition to nicotine
delivery, this vapor also provides a flavor and physical sensation
similar to that of inhaled tobacco smoke but without the harmful
smoke, tar and chemicals associated with real tobacco smoke.
Since no tobacco, smoke, or combustion is actually involved in
its operation, the electronic cigarette is considered a much safer
way to smoke. The vapor does not contain the 4,000 chemicals
commonly found in traditional cigarettes.
There is no ash, no smell, no tobacco and no second hand smoke.
 

Doctor Vapor

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So, the lawyers are lining up expecting a feeding frenzy. I looked up John Banzhaf and this is how he describes himself on his own website.

Prof. John Banzhaf has been called the "Ralph Nader of the Tobacco Industry," "the Ralph Nader of Junk Food," "The Man Who Is Taking Fat to Court" [for using legal action to fight OBESITY], "Mr. Anti-Smoking," "One of the Most Vocal and Effective Anti-Tobacco Attorneys," a "Radical Feminist," a "Man Who Lives by his Writs," the "Father of Potty Parity," "the Area's Best-Known 'Radical' Law Professor," and an "Entrepreneur of Litigation, [and] a Trial Lawyer's Trial Lawyer."

He has also been hailed as "one of the "100 Most Powerful People in Washington," "The Man Big Tobacco and Now Fast Food Love to Hate," the lawyer "Who's Leading the Battle Against Big Fat," "a Driving Force Behind the Lawsuits That Have Cost Tobacco Companies Billions of Dollars," "the Renowned and Often Flamboyant Public-Interest Law Professor at George Washington University," "the Fastest Legal Gun in the East," the "Dean of Public Interest Lawyers," "a Major Crusader Against Big Tobacco and Now Among Those Targeting the Food Industry," and "the law professor who masterminded litigation against the tobacco industry."

He left out one important adjective; Douchbag !
 

Rhaevyn

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Sep 23, 2009
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This reminds me of a John Grisham book I read once: The King of Torts.

As I said on some other thread or forum or article about this bozo... just as there are fly-by-night e-cig suppliers coming out of the woodwork to grab their share of the gold pile with this new technology, it's not surprising that the legal profession is finding a way to cash in as well. Tort cases can be controversial and BIG $$$.

You've all seen them on TV. Mostly about - ironically - drug reactions. "Did you or a family member suffer "X" from taking "Y"? Call this number now to see if you might be compensated." Along those lines.

This is all horse shyte and just another class of folk looking to get in while the gettin's good to make some cash and maybe grab their 15 minutes of fame.

Such a farse.
 

TokenVapor

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Nov 12, 2009
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Lol....sorry Token. Somehow didn't catch your posts (or was writing mine as you wrote yours). Great minds think alike!

I just thought you were touching base with me. Must be fate since we were both on the same page at the same time. Hope she responds to my plea by at least looking into it and giving us some feedback.
Taking on the FDA and winning. Wouldn't that be another feather in Erin Brockovich's cap.
 
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Mordred

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Oct 27, 2009
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Holy carp...

Its like living in a world of alice in wonderland

whats up is really down, whats down is really up, jmo

You only just noticed?

Lest we forget, we, as a species, have not significantly evolved since the times when we executed people telling us the earth was revolving around the sun and not otherwise.

For some reason, rational thinking and intellectual honesty aren't valued highly by our society, whereas vendettas, crusades and other such disingenous behavior is tolerated, even encouraged. Why do we see people who blow themselves and a dozen others up as heroes? Why are people who camp in a tree for years in en effort to stop lumbering seen as "noble"? When, in fact, what they really are, is stupid. Their actions serve no purpose and most certainly not the one they put forward. It's time we saw these people for what they are: fools.

N.b. just so we're clear: the stated purpose, such as "make sure we don't destroy all forests" or "draw attention to the plight of our people" isn't what I'm attacking. It's the disingenous methods used by those zealots.
 

Paranoyed

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Nov 14, 2009
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Too all suppliers just in case please CYA by making sure you are incorporated. Also it will kill you when it comes to obtaining a business loan but please keep no cash in the business account. If you ever get notice of a suit against you unload you stock of supplies and make sure there is no money in the corporation as the owner is a seperate legal entity you can not be held personally liable. I know this may seem like novice advice to some and I hope all of you have already done this, but I have recieved so much information on these boards from members and suppliers that I do not want to see any of you get personally burned by these BS money grabs.
 
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