Class Action Exploding Devices

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Toots

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The FDA's most recent interpretation of their own language is that warning is for covered tobacco products that contain tobacco or a tobacco derivative. Components of tobacco products that are sold without containing tobacco or a tobacco derivative are not required to display that warning.
But these non-tobacco products do come with these warnings. I received steel mesh that was labeled as "This product contains nicotine, an addictive substance". I just received an RTA stating on the box that "This product contains tobacco". ???????
 

Verb

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But these non-tobacco products do come with these warnings. I received steel mesh that was labeled as "This product contains nicotine, an addictive substance". I just received an RTA stating on the box that "This product contains tobacco". ???????

Yes, folks are doing that to point out the absurdity of the language of the deeming as written and maybe some as a CYA. Most of the deeming was written by Pharma and handed to the FDA. Now the FDA is trying to mold it into something workable for them.
 

Shekinahsgroom

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Maybe in the online articles. The ones I've mostly seen on local news and HLN hardly mention improper use or handling. Most of the time it seems to follow this path: E-cig exploded, "OMG" E-cigs are bad, "OHHH the Humanity", What shall we do. The problem might be the fact that some news outlets are more resistant to special interest than others. Also people need to research things a little more before they form their opinion.

I actually was at my dad's house one time, and a friend of his was there. I had my E-cig out using it and he started going on about how those things were so unsafe because he saw a news report about how they were exploding. I tried to explain to him that is was most probably due to improper handling of the battery or improperly using the device itself. I don't think my words had much of an impact because I'm just one person against the word of the guys on the news. But hopefully people will start to do their own research into issues like this before taking any actions that can potentially regulate the industry. (like local laws on tax or use of E-cigarettes)


Also I just changed my signature banner. I guess the site that hosted my last one is having issues. It was ecigalternative.com. No more quit smoking banners with them. :(

It's still amazes me how much people truly believe that the media is reporting "the facts" that garner to your interests?? The news is more concerned about getting the story out first and having as many people as possible read THEIR definition of the truth before another media outlet. Modern news headlines today read more like click-bait than actual context of the story. But gullible people just suck it up and believe it before actually checking their facts. Much easier to believe a crock of lies than the actual truth, that's no fun. The gullible WANT controversy and the war-of-words, who cares about facts...right? :rolleyes:
 

Shekinahsgroom

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I don't believe idiots exist* only uninformed vapers.
:)


Hmmmm....I've heard this somewhere before.

KarateKid_Miyagi.jpg.CROP.promo-mediumlarge.jpg


"No such thing as bad student, only bad teacha..."

(Must be the fly hor d'oeuvres?)
 

bobwho77

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The FDA's most recent interpretation of their own language is that warning is for covered tobacco products that contain tobacco or a tobacco derivative. Components of tobacco products that are sold without containing tobacco or a tobacco derivative are not required to display that warning.
You mean like zero nic juice?
 
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choochoogranny

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It's still amazes me how much people truly believe that the media is reporting "the facts" that garner to your interests?? The news is more concerned about getting the story out first and having as many people as possible read THEIR definition of the truth before another media outlet. Modern news headlines today read more like click-bait than actual context of the story. But gullible people just suck it up and believe it before actually checking their facts. Much easier to believe a crock of lies than the actual truth, that's no fun. The gullible WANT controversy and the war-of-words, who cares about facts...right? :rolleyes:

Yes, indeedy, Shekinahsgroom. What was once legitimate journalism has turned "yellow" which has been around for yrs and yrs. I often wonder if the Nat'l Inquirer and Star make as much money as they use to since the "Legit" newspapers have turned to the "yellow side." :cry:
 

sofarsogood

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Last night i watched a youtube video of an interview by a British reviewer with the Ecig forum's battery guru Mooch. It's long and rambly but has some useful information about what mistakes can cause thermal runaway and what doesn't. The discussion focuses on mech users but I learned things that will keep me safer with my regulated mods. I don't know how I overlooked this video until now.

There is another video about manufacturing of batteries pbusardo did a while back where they cover a lot of the safe practices in manufacturing to avoid defects we don't want in our batteries.

What these videos teach me besides how to keep myself safer is that getting a judgement against ecig businesses for accidents involving replacable batteries shouldn't be easy if the defendents have good representation.



 

trentenmarschel

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It's still amazes me how much people truly believe that the media is reporting "the facts" that garner to your interests?? The news is more concerned about getting the story out first and having as many people as possible read THEIR definition of the truth before another media outlet. Modern news headlines today read more like click-bait than actual context of the story. But gullible people just suck it up and believe it before actually checking their facts. Much easier to believe a crock of lies than the actual truth, that's no fun. The gullible WANT controversy and the war-of-words, who cares about facts...right? :rolleyes:
I totally agree on the "click-bait" point you made. Last night on Facebook, Someone posted an article for a news paper website on how there were Credit card skimming devices found at 3 gas stations in a city close to where I live. So I've had my information stolen with these skimmers before, so I wanted to see which gas stations had them. Read the entire article and it doesn't even mention where the devices were found. It seems like it was a click-bait article like you mentioned. The link to the article is here.


Last night i watched a youtube video of an interview by a British reviewer with the Ecig forum's battery guru Mooch. It's long and rambly but has some useful information about what mistakes can cause thermal runaway and what doesn't. The discussion focuses on mech users but I learned things that will keep me safer with my regulated mods. I don't know how I overlooked this video until now.

There is another video about manufacturing of batteries pbusardo did a while back where they cover a lot of the safe practices in manufacturing to avoid defects we don't want in our batteries.

What these videos teach me besides how to keep myself safer is that getting a judgement against ecig businesses for accidents involving replacable batteries shouldn't be easy if the defendents have good representation.





Great videos by the way. I'm still watching the first one. It's over an hour long.
 
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jpargana

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Maybe in the online articles. The ones I've mostly seen on local news and HLN hardly mention improper use or handling. Most of the time it seems to follow this path: E-cig exploded, "OMG" E-cigs are bad, "OHHH the Humanity", What shall we do. [...]

This exactly. Conveniently forgetting to say that it was not the device that exploded.

If it was a dumb photographer pulling the same stunt with a loose battery for his flash or camera, maybe hurting himself and ruining an entire wedding party, we would hear about the dangers of misusing the powerful batteries we have today.

And the blame would be put on him. Maybe with some useful warnings about proper handling of batteries.

One thing I’m sure is: we would never hear anything about the “dangers” of photographic equipment. :facepalm:
 

bobwho77

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This exactly. Conveniently forgetting to say that it was not the device that exploded.

If it was a dumb photographer pulling the same stunt with a loose battery for his flash or camera, maybe hurting himself and ruining an entire wedding party, we would hear about the dangers of misusing the powerful batteries we have today.

And the blame would be put on him. Maybe with some useful warnings about proper handling of batteries.

One thing I’m sure is: we would never hear anything about the “dangers” of photographic equipment. :facepalm:
True, but we've had cameras a LOT longer than we've had personal vaporizers. The new kid on the block always has to prove himself.
 

Bill Godshall

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Nobody has to worry about the title of this thread happening, as class action lawsuits (to be certified by the courts) must be filed against the same plaintiff (i.e. the same company).

The vast majority if individual lawsuits filed against vapor manufucturers, battery manufacturers and/or vape shops have not been (and won't be) successful due to consumer negligence. Unfortunately, the same news media that loves to run stories about "exploding e-cigs" (which are really exploding batteries) and loves to run stories about injured vaper's filing lawsuits won't run news stories when the courts reject those lawsuits.
 

Shekinahsgroom

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Nobody has to worry about the title of this thread happening, as class action lawsuits (to be certified by the courts) must be filed against the same plaintiff (i.e. the same company).

It's not just the title of the thread, it's the title of the link.

Exploding E-Cigarette Class Action Lawsuit Investigation

The disclaimer and disclosure is conveniently placed at the bottom telling the reader what was left out of the click-bait title. Though in the case of this advertisement, it's more than just click-bait. It's an actual law firm that representing injury claims.

But just to assume that these claims "won't be successful" is a pretty big stretch there Bill. I seriously doubt that any of them (successful or not) will ever be published in the news and will most certainly have gag-orders attached to the settlements.

I know who you are Bill, but you don't need to pitch an umbrella where it isn't raining.
 

Acer50

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But these non-tobacco products do come with these warnings. I received steel mesh that was labeled as "This product contains nicotine, an addictive substance". I just received an RTA stating on the box that "This product contains tobacco". ???????
WTF The Chinese are labeling everything the same. So what's in a label?
 

trentenmarschel

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I ended up filing a claim on there so that I could give them my opinion about it being a problem with improper handling of the battery or just cheap quality batteries. They told me that they were only going after the E-cigarette makers and would not consider going after the battery maker. I find this stupid. The E-cigarette maker has no control over what battery people buy and use in their devices, or how they handle them. This could only apply to those E-cigs that have built in batteries, and those are generally cheaper devices anyway. If anything, the media and society need to start grouping E-cigarettes into different categories. Like cigalikes, vape pens, and E-cig mods like I use where I put my own tank and batteries in. Classifying them all in one group make one incident from a cheap device affect the rest of the industry that has better quality parts.

Just because the ford pinto tends to explode when someone rear ends you, doesn't mean all cars are bad. You don't see Samsung battery explosions affecting the Apple phone industry.

I don't want some cheap knockoff E-cigarette with cheap batteries and some user mishandling to affect the majority of E-cigarette users who buy quality devices with genuine batteries.
 

Lessifer

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I ended up filing a claim on there so that I could give them my opinion about it being a problem with improper handling of the battery or just cheap quality batteries. They told me that they were only going after the E-cigarette makers and would not consider going after the battery maker. I find this stupid. The E-cigarette maker has no control over what battery people buy and use in their devices, or how they handle them. This could only apply to those E-cigs that have built in batteries, and those are generally cheaper devices anyway. If anything, the media and society need to start grouping E-cigarettes into different categories. Like cigalikes, vape pens, and E-cig mods like I use where I put my own tank and batteries in. Classifying them all in one group make one incident from a cheap device affect the rest of the industry that has better quality parts.

Just because the ford pinto tends to explode when someone rear ends you, doesn't mean all cars are bad. You don't see Samsung battery explosions affecting the Apple phone industry.

I don't want some cheap knockoff E-cigarette with cheap batteries and some user mishandling to affect the majority of E-cigarette users who buy quality devices with genuine batteries.
That's why we'll probably never see a "class action lawsuit" like this, and what Bill G was trying to say.

For a class action suit you need a group of people(class) filing suit against a single entity. There haven't been all that many incidents period, and the ones that have occurred have been dispersed over a wide array of devices/companies. Add to that the fact that the majority of issues have been improper handling of removable batteries and an actual class action suit is nearly impossible.
 

Shekinahsgroom

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That's why we'll probably never see a "class action lawsuit" like this, and what Bill G was trying to say.

That's probably true...for any manufacturers that don't have bases in the USA.
But Joyetech and all of it's siblings are fair-game and since JT is the largest manufacturer. There's no doubt in my mind that you could in fact see a Class Action if one doesn't already exist? Though I doubt you'll ever see the results.

I can't remember all of their siblings, but there are quite a few....here's several:
Joyetech Shenzhen/USA
iSmoka (Eleaf brand)
Wismec

Joyetech also has their own battery factories, that was discovered waaaay back in the days of modding (2008/9)

And then there's Evolv...which is also in the middle of suing Joyetech as well.
But Evolv is also a target for class actions since they're also a manufacturer that's based here. Not saying that they'd be liable for anything, just making a valid point that nobody (in the USA) is immune. Remember the first release of the DNA40? That in of itself was a complete disaster.

But to just flatly deny that any will ever be successful is pretty short-sighted imo.
 

Lessifer

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That's probably true...for any manufacturers that don't have bases in the USA.
But Joyetech and all of it's siblings are fair-game and since JT is the largest manufacturer. There's no doubt in my mind that you could in fact see a Class Action if one doesn't already exist? Though I doubt you'll ever see the results.

I can't remember all of their siblings, but there are quite a few....here's several:
Joyetech Shenzhen/USA
iSmoka (Eleaf brand)
Wismec

Joyetech also has their own battery factories, that was discovered waaaay back in the days of modding (2008/9)

And then there's Evolv...which is also in the middle of suing Joyetech as well.
But Evolv is also a target for class actions since they're also a manufacturer that's based here. Not saying that they'd be liable for anything, just making a valid point that nobody (in the USA) is immune. Remember the first release of the DNA40? That in of itself was a complete disaster.

But to just flatly deny that any will ever be successful is pretty short-sighted imo.
How many actual joyetech devices have malfunctioned causing injury?

I'm not saying they're protected from being sued, but I doubt there are enough cases to form an actual "class."
 
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