Class Action Exploding Devices

[r055co]

More info here:

Questions Loom: Exploding Vape Leaves Man With Broken Neck

Before the surgery, Cordero was in complete pain. His sister said he was shocked that his vape had exploded. “If he knew that he was dealing with something that would explode on him, he definitely wouldn’t have put himself in that situation,” she said.

This is certainly not the first vape explosion, but it’s definitely the most severe. The US Fire Administration said faulty batteries are the root cause of the explosions. “E-cigarette manufacturers should consider changing to a different style of electrical connection,” a study said. “The inclusion of protection circuits into the e-cigarette device would improve battery safety.”

There's a thread here that talks about the suspicious nature of the in-tact mod, but what's not clear is ....was the one in the image a back-up mech that he had with him and the remnants of the tank were found? Who knows...

Some peeps in the ECF thread suggest that maybe he got his ... kicked, dropped his mod and the glass broke. And that is plausible considering that the mod pictured isn't damaged at all.

I think that the key point falls onto the party that authorities spoke with (assuming the vendor that sold it to him) that refused to give a statement.

This story sounds very suspicious, especially since other than the glass the mod looks perfectly fine.

Let's look back at that idiot ..... in Idaho who claimed his mod exploded and it was all over the news. What you don't hear now is what really happened was he was messing about with Fireworks and lied about the exploding Mech

 

[Shekinahsgroom]

This story sounds very suspicious, especially since other than the glass the mod looks perfectly fine.

Let's look back at that idiot ..... in Idaho who claimed his mod exploded and it was all over the news. What you don't hear now is what really happened was he was messing about with Fireworks and lied about the exploding Mech

That's also a very distinct possibility.
There's also the possibility that the one pictured was a back-up (with spare batt inside) that he also had with him. That seems more plausible than an outright lie, imo.
How many mech users carry a spare batt or two when they're outside of their home?
Maybe he didn't have a case and brought a back-up mech instead?
Lots of questions, but unfortunately there are no answers in this case.
It's probable that there's no follow-up because he has no legal case, it's likely his own fault (user error or negligence). And sadly, that's not news worthy....it's just ANOTHER tragedy.

 

[Verb]

Not a single warning on this page. To many folks it's just a fancy pot. A small error could easily take out the user and bystanders.

Bella 5-Qt. Pressure Cooker - Cookware & Cookware Sets - Kitchen - Macy's

 

[skoony]

Maybe it's because I live in the northern latitudes where we have real winter
that I found it a natural reaction to be wary of any device circuit protected or
not that puts out more amperage than my 1500 electric space heater directly
to my face.

Soleil Milk House Utility Heater (TFH-203-S) - Heaters - Ace Hardware

She's a beaut isn't she? I wonder how much nickel that coil spews into the
room?

Regards
Mike

 

[Lessifer]

So, manufacturers and vendors should include warnings and provide info on battery safety. I don't think anyone has argued against that.

BUT

The responsibility still remains with the consumer. If the consumer is not held responsible, it will be up to the government to ensure their safety. If that is the case, kiss all of your 18650(and other interchangeable battery) mods goodbye, regulated and unregulated. By far the most common incident is an unprotected spare battery venting.

 

[pennysmalls]

This story sounds very suspicious, especially since other than the glass the mod looks perfectly fine.

Let's look back at that idiot ..... in Idaho who claimed his mod exploded and it was all over the news. What you don't hear now is what really happened was he was messing about with Fireworks and lied about the exploding Mech

What?? I hadn't heard about the fireworks, was there an article posted about that?

 

[r055co]

What?? I hadn't heard about the fireworks, was there an article posted about that?

Saw it on DJLSB Vapes, but revisiting it Daniel has edited the vid. Looks like his source info was wrong, I googled it and it's not popping up.

So seems that statement is wrong, damn it Daniel ....................

 

[DC2]

No, I'm afraid that we can make up a rule or device for gov to control for just about anything. But none that I've seen that cures foolish. That seems to happen no matter.

I absolutely agree that we can't cure foolish.
And it seems Darwin is not able to keep up with the times in a timely fashion.

But if consumers are informed, they can understand the need to try and be responsible.
And it's foolish of any vendor not to do their level best to inform said consumer.

The responsibility still remains with the consumer. If the consumer is not held responsible, it will be up to the government to ensure their safety.

And I put the responsibility to inform on the vendor.
That's the only place it makes sense to put such responsibility in this industry.

I'd love for that responsibility to fall on the manufacturer, but that will never happen.
They are already taking the steps necessary to publicly disclaim ALL responsibility.

If the vendor is not held responsible it will be up to the government to ensure safety.
Thankfully, the vendors seem to understand this more and more and more.

 

[Bill Godshall]

The US Fire Administration said faulty batteries are the root cause of the explosions. “E-cigarette manufacturers should consider changing to a different style of electrical connection,” a study said. “The inclusion of protection circuits into the e-cigarette device would improve battery safety.”

Except the FDA's Deeming Regulation has banned vapor manufacturers from making any safety improvements on any of their products since August 8, 2016.

Also, FDA warned vape shops (that FDA redefined as "manufacturers") that they've been banned from assembling (that FDA redefined as "manufacturing") vapor products for consumers since August 8.

Since FDA has banned vapor manufacturers from making any safety improvements, and since FDA has banned vape shops from assembling vapor products, FDA should be held legally accountable (not vapor manufacturers or vape shops) for all vapor battery fires and explosions that have occurred since August 8, 2016.

FDA's Deeming Regulation is encouraging vapers to make their own mech mods, and to mix their own e-liquids.

 

[Shekinahsgroom]

FDA's Deeming Regulation is encouraging vapers to make their own mech mods, and to mix their own e-liquids.

This was a very early topic of discussion, but soon after the FDA caught wind of the "loophole", they covered it.

DIY is considered to be a manufacturer; falls under roll-your-own.

So if anybody is caught making their own mods/juice, you're gonna be in a serious -storm of legal trouble!

But the only way that I can see someone getting caught is if their device or juice harms an innocent person (someone other than you).

Except the FDA's Deeming Regulation has banned vapor manufacturers from making any safety improvements on any of their products since August 8, 2016.

And I'm pretty sure that this only covers items presently on the market. It doesn't include new submissions for approval.

There's no doubt that this was done intentionally to weed out any unsafe products from the market entirely....(babye mechs).

 

[sofarsogood]

[QUOTE="Shekinahsgroom, post: 19145203, member: 68174']

DIY is considered to be a manufacturer; falls under roll-your-own.[/QUOTE]How about show some evidence for this.

 

[sofarsogood]

DIY is considered to be a manufacturer; falls under roll-your-own.

Do you have any evidence for an FDA ban on dIy for personal use? So far everything I'm aware of regards products made for resale.

 

[Bill Godshall]

DIY is considered to be a manufacturer; falls under roll-your-own.

Wrong. In order to be considered a manufacturer, one must sell their products (i.e. FDA can only enforce the TCA and the Deeming Regulation against those who market products in the US).

Vapor product consumers who DIY (and who don't market their products) are NOT manufacturers, but rather are consumers.

 

[Shekinahsgroom]

Wrong. In order to be considered a manufacturer, one must sell their products (i.e. FDA can only enforce the TCA and the Deeming Regulation against those who market products in the US)

Here ya go, Mr. Wrong:

Roll-Your-Own Tobacco Products

Manufacturing

"If you make, modify, mix, manufacture, fabricate, assemble, process, label, repack, relabel, or import any "tobacco product," then you are considered a tobacco product "manufacturer."

Added note, just below the compliance list and above the blue area in Manufacturing; (Closed Loophole)

"Note: If you mix or prepare e-liquids, make or modify vaporizers, or mix loose tobacco, and you also sell these products, you will be regulated as both a retailer and a tobacco product manufacturer."

DIY = Manufacturer, but not a retailer.

I'm surprised with you Bill, I would have thought a person of your vaping presence would have had your facts straight before posting mis-information and calling someone wrong before knowing if your information is even correct? I would expect as much from the media....

But I guess that even an Executive Director can get caught sleeping on the job, hm?

 

[Lessifer]

Here ya go, Mr. Wrong:

Roll-Your-Own Tobacco Products

Manufacturing

"If you make, modify, mix, manufacture, fabricate, assemble, process, label, repack, relabel, or import any "tobacco product," then you are considered a tobacco product "manufacturer."

Added note, just below the compliance header (Closed Loophole)

"Note: If you mix or prepare e-liquids, make or modify vaporizers, or mix loose tobacco, and you also sell these products, you will be regulated as both a retailer and a tobacco product manufacturer."

DIY = Manufacturer, but not a retailer.

I'm surprised with you Bill, I would have thought a person of your vaping presence would have had your facts straight before posting mis-information and calling someone wrong before knowing if your information is even correct? I would expect as much from the media....

But I guess that even an Executive Director can get caught sleeping on the job, hm?

You do understand that the deeming regulations are regulations controlling the sale and marketing of tobacco products right? So, while you might technically be manufacturing a tobacco product if you DIY your own liquid, unless you distribute that to another person, the FDA has no jurisdiction. They can control your supply, whoever markets products to you, but not you making your own liquid for your own personal use. Just like the health department can't inspect your kitchen because you make yourself breakfast.

In case you've missed it, this is the title of the rule:
Deeming Tobacco Products To Be Subject to the Federal Food, Drug, and Cosmetic Act, as Amended by the Family Smoking Prevention and Tobacco Control Act; Restrictions on the Sale and Distribution of Tobacco Products and Required Warning Statements for Tobacco Products

 

[Shekinahsgroom]

You do understand that the deeming regulations are regulations controlling the sale and marketing of tobacco products right? So, while you might technically be manufacturing a tobacco product if you DIY your own liquid, unless you distribute that to another person, the FDA has no jurisdiction.

As I stated already, the only feasible way that you'd be caught is if you harm an innocent person other than you. How the FDA handles enforcement of the laws is not a concern for me, but the law is in fact there.

So if and when someone is caught, you're gonna have to hire an expensive lawyer to argue your case for not being a retailer. I'm not a lawyer, but it doesn't take a rocket scientist to see that DIY any type of tobacco product is classified as a manufacturer.....period, end of debate.

 

[Lessifer]

As I stated already, the only feasible way that you'd be caught is if you harm an innocent person other than you. How the FDA handles enforcement of the laws is not a concern for me, but the law is in fact there.

So if and when someone is caught, you're gonna have to hire an expensive lawyer to argue your case for not being a retailer. I'm not a lawyer, but it doesn't take a rocket scientist to see that DIY any type of tobacco product is classified as a manufacturer.....period, end of debate.

Ok, I'm done, I can't argue with you as you don't seem to comprehend.

 

[Shekinahsgroom]

Ok, I'm done, I can't argue with you as you don't seem to comprehend.

I do understand Less, but you're missing what I'm saying. If you harm someone, whether by accident or negligence, that law can be used against you. Distribution of any kind, including giving stuff away that you made, again...that law can be used against you.

Only a lawyer would be able to argue cases like these since the law is if fact published and has been for almost 6 months. But I'm sure that this topic is going to be widely debated after you and I are finished. But no matter which way peeps wanna debate the issue and who's gonna come after whom, the FDA covered the DIY loophole.

It's also why there aren't any Co-Ops anymore, even though the host isn't selling anything. Trust me, it's been debated to death already....

 

[sofarsogood]

There is some point in time coming up soon when everybody who sells vape products who is based in the US is supposed to register. Perhaps that's when we'll know how the FDA interprets their own rules. It seems like they want to play as much brinksmanship as possible.

 

[skoony]

So if and when someone is caught, you're gonna have to hire an expensive lawyer to argue your case for not being a retailer. I'm not a lawyer, but it doesn't take a rocket scientist to see that DIY any type of tobacco product is classified as a manufacturer.....period, end of debate.

@Lessifer is right. One is only a manufacturer if one sells or distributes what they make.
one can grow all the tobacco one wants with little restrictions for personal use. Many people do.
For instance I can make beer and wine here in Minnesota. I can not sell it or distribute it.
It's for personal use only. The law further states I am not allowed to give it to guests in
my own home. Fortunately I have never heard of anyone getting busted for having his buddy's
over to pop a top with them.

This why nicotine is considered a raw material at its source and not regulated as
when found in products for sale or distribution. BT and BP want to get it dirt cheap
so they can profit from the huge mark up for their products.

Regards
Mike