Calfornian Files Class Action Lawsuit Against NJoy/Sottera

[AgentAnia]

Class Disputes Safety of E-Cigarettes: Courthouse News Service

SANTA ANA, Calif. (CN) - An electronic cigarette maker uses deceptive advertising to persuade people that its products are harmless, though they include similar carcinogenic chemicals as traditional cigarettes, a Californian claims in a class action lawsuit.

Eric McGovern claims that njoy of Scottsdale, Ariz. avoids federal regulation of its cancer-causing products by stating on cartons that it is not a smoking cessation product. Yet it implies in its marketing that njoy cigarettes help smokers quit, McGovern says in the lawsuit.

Have been unable to narrow down a search for "Eric McGovern" (plaintiff), so no info on him. Any ideas?

Bisnar Chase (Newport Beach, CA form representing McGovern) advertises itself as a personal injury lawfirm.

 

[Spazmelda]

It sucks that njoy has to fight this, but there's no way the plaintiff would win this case.

 

[Muggs]

...Advertisements claim that Njoy cigarettes, which enjoy a 40 percent share of the U.S. market, have "everything you like about smoking without the things you don't."
But the Food and Drug Administration has found that the cigarettes contain harmful ingredients. The agency testing revealed that one brand of cigarettes used a toxic chemical found in antifreeze...

As soon as I saw the stupid antifreeze comment I stopped reading. That is so old at this point. This won't go anywhere.

 

[DrMA]

OMG. There's nothing these lawyers will not stoop to. Fortunately, CA is one of the few places that allow couter-suits to be filed. I'd like to see NJOY win this case and counter-file for defamation and libel and take the shirts of the backs of the plaintiff and his attorneys.

 

[Ohms Lawbreaker]

All I can think of is that some lawyers cut a person shape out of a piece of cardboard and called it "Eric McGovern," but that is a popular name, you can Google a bunch of them, who knows. Smells of Saul Goodman for some reason.

 

[BlaseWithVicarious]

Why does California have to claim everything causes cancer. I swear I go into Walmart all products have that dumb label on back saying "this production contains bs that causes bs in the state of California"


Sent from my Just GG using Tapatalk

 

[AgentAnia]

My gut reaction is that there's someone or some organization (other than "McGovern" and Bisnar Chase) behind this. Am I being too cynical? *I* don't think so...

McGovern, however, has to be a real person in order to bring the suit. VERY interesting that CA allows countersuits. *This* I would very much like to see!

 

[bogmonster]

Well, maybe something good will come from this (and not just the countersuits to discourage similar frivolous lawsuits):

1) They'll have to come up with a testing protocol that the pros and cons can agree on. This will provide a base for future testing if it becomes mandatory
2) They'll have their product tested, showing that modern devices and liquids are indeed safe and that the 10 year old study can be put to bed for good
3) Better define industry marketing rules in general, so that folks know what they can and cannot say about about ecigs in their advertising

and "Mr McGovern" - and whoever he actually represents - will get to pay for it all when he loses the case and is penalized for court and other associated costs to the defendant.

Or perhaps I'm being overly optimistic...

 

[Uma]

Interesting how many of Slantzz statements in his letter to the WHO are used. Be prepared for other suits from other "persons" that cover the rest of the propaganda.
My guess is, they're trying to bankrupt.

 

[RosaJ]

Class Disputes Safety of E-Cigarettes: Courthouse News Service


Have been unable to narrow down a search for "Eric McGovern" (plaintiff), so no info on him. Any ideas?

Bisnar Chase (Newport Beach, CA form representing McGovern) advertises itself as a personal injury lawfirm.

Well it's finally been brought to a court of law. It's about time the precedent was set!

 

[AgentAnia]

Interesting how many of Slantzz statements in his letter to the WHO are used. Be prepared for other suits from other "persons" that cover the rest of the propaganda.
My guess is, they're trying to bankrupt.

If Plaintiff's goal is to bankrupt NJoy, I think they're going to be unpleasantly surprised. If the suit isn't dismissed as frivolous, a lot of people and companies are going to stand behind NJoy (IMO), financially and otherwise, during trial. Frankly, I don't see how they can win, and the downsides of a loss and resulting countersuits could be staggering for "McGovern" et al. Wouldn't it be smashing if countersuits could bankrupt a few ANTZ?

 

[Uma]

Totally smashing!!!!!

 

[SVÆRIK]

California is riddled with "Mcgoverns" .
I'm sure all the ANTZ will get all the ANTZY fueled media coverage they want before this is dismissed.
Now that LA county has given the ol' thumbs down to free trade and individual rights, I guess it's time for the ATZies to up their game in whatever ways they can.

 

[zoiDman]

And so it Begins.

The Lawyer Phase.

 

[Randyrtx]

I recall ASH/Banzaff(sp?) at one time trying to drum up plaintiffs to begin filing lawsuits. I suspect they are behind this.

 

[2coils]

Never a dull moment in vapeland

 

[Kent C]

California is riddled with "Mcgoverns" .
I'm sure all the ANTZ will get all the ANTZY fueled media coverage they want before this is dismissed.
Now that LA county has given the ol' thumbs down to free trade and individual rights, I guess it's time for the ATZies to up their game in whatever ways they can.

From info on the piece and a search, I'd suggest San Luis Obispo.

 

[Fast and Furious]

They will do just like they do with firearms. Require two for testing (NOT RETURNED to manufacturer); use ridiculous testing protocol, claim the product is unsafe and change requirements if it did happen to pass. California is so full of idiotic lifetime politicians they pass everything and anything and the governor scribbles his signature of approval.

They do not WANT current 'facts' - they simply want PEOPLE CONTROL .......... it's their only goal.

IDIOTS ---- PURE AND SIMPLE IDIOTS:

Using this outdated information McGovern proves he and his political pals are indeed idiots:

"...the Food and Drug Administration has found that the cigarettes contain harmful ingredients. The agency testing revealed that one brand of cigarettes used a toxic chemical found in antifreeze."

McGovern claims that Njoy cigarettes also contain the "same impurities and the same cancer-causing agents as traditional cigarettes." ------------->

The same ........ same number...... same what? The same BS as always; no REAL proof..... just out to (wait for it)................................... PEOPLE CONTROL!

Tom

 

[SVÆRIK]

From info on the piece and a search, I'd suggest San Luis Obispo.

I don't understand your comment.

 

[Kent C]

I don't understand your comment.

A try at narrowing the search, is all.