E-Cigarette Law Suits Being Made Easy

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Slickstick

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I would rather praise the government employee I bought my E-cig from, who vapes in a no smoking government building. I can't ever see myself EVER getting a class action law suit against him. Maybe Phillip Morris or The FDA I might pursue that route for a class action if I have to return to analogs.
 

chrisl317

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Jun 29, 2009
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Someone mentioned beating up whoever joins in on a class-action suit against e-cig manufacturers. Someone else mentioned how you couldn't sue the tobacco companies. That guy actually missed the boat: the class-action against the tobacco companies has come and gone.

As it went, it provided the funds needed for state governments to appropriate the tobacco settlement money to shore up their finances when the money was originally earmarked to help defray smoker's eventual health costs *and* they provided the money to 'help you quit' by bombarding you with all those charming spots reminding you that lung cancer, heart disease etc, etc ad nauseam, were caused by smoking (those really improved your life, didn't they?).

Instead of all this talk about beating up people you can't find or starting suits that have already been settled, let's explore a new and different possibility. We are a community of people affected by the actions of the U.S. Government. Therefore, we are a class that is being injured by the FDA. Doesn't it make sense to have *US* sue the FDA as a class? The worst thing that could happen would be media attention.

If I were a lawyer, I'd be sharpening my knives right now. I would file the papers *tomorrow*.

What do YOU think?

This is a very large forum, very large. I can't hope to think that the ECF has to have some type of legal representation just to make sure they don't violate any laws to keep them from being sued or the target of legal action. If ECF starts the ball rolling, I'll add my name to a suit against these idiots who want to degrade my health after trying to get it back for the last 6 months. What about it ECF?
 

Brewster 59

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Oct 22, 2009
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"

How about this.......IF the FDA successfully bans vaping then the one million vapers (number I've heard quoted but believe is much larger by now) get together and sue the living hell out of the FDA under the exact same basis!!! . :evil:

This is exactaly what I think we should do and lets throw in the effects of these new chems that make cigs fsc ( none of which have had any studies done on them):mad::mad::mad:
 

Vocalek

CASAA Activist
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ECF Veteran
Because the FDA misled them to believe that e-cigarettes are as dangerous or even more dangerous than their tobacco cigarettes? That makes the FDA guilty of "misfeasance".

n. Improper and unlawful execution of an act that in itself is lawful and proper.

We have heard plenty of reports in this forum of smokers who believed what the FDA hoped to make them believe.

Does anyone know someone who considered using an e-cigarette, continued smoking tobacco because of FDA, and has in the interim been diagnosed with lung disease, cancer, or had a heart attack or stroke?

How would those folks feel if they found out that the FDA withheld information that could have allowed them to make an informed decision?

IMHO, these folks would have grounds right now to bring suit against every single one of the FDA participants in the infamous press conference.

They could even be joined by all of the smokers in Canada, Israel, Brazil, and Uruguay whose governments banned e-cigarettes due to the FDA's criminally incomplete lab report and misleading statements.

Is there an attorney in the house?
 

me144

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Oct 9, 2009
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www.lecig.com
I'm all up for a class action lawsuit against the FDA and the nutty professor ... does any of our Attorney members think a Libel case can be proven here against either party?

It seems the FDA is the only lab who seems to think ecigs are dangerous, and as far as the professor goes is making these statements based on ifs ...

I don't see any effort whatsoever in stopping the KNOWN 4000 chemicals and 69 carcenogens in tobacco cigarettes ... if they pulled those out and cigs were made of just tobacco, this argument would in deed be a diffrent story.

Personally I'm sick of the FDA and the rest of these ABC agencies that are purely motivated by special interest dollars. I don't listen to anything they say about anything anymore because they are all full of fecal matter.

Government get out of our lives, or were going to get up in yours!
 

me144

Unregistered Supplier
ECF Veteran
Oct 9, 2009
184
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www.lecig.com
Because the FDA misled them to believe that e-cigarettes are as dangerous or even more dangerous than their tobacco cigarettes? That makes the FDA guilty of "misfeasance".

n. Improper and unlawful execution of an act that in itself is lawful and proper.

We have heard plenty of reports in this forum of smokers who believed what the FDA hoped to make them believe.

Does anyone know someone who considered using an e-cigarette, continued smoking tobacco because of FDA, and has in the interim been diagnosed with lung disease, cancer, or had a heart attack or stroke?

How would those folks feel if they found out that the FDA withheld information that could have allowed them to make an informed decision?

IMHO, these folks would have grounds right now to bring suit against every single one of the FDA participants in the infamous press conference.

They could even be joined by all of the smokers in Canada, Israel, Brazil, and Uruguay whose governments banned e-cigarettes due to the FDA's criminally incomplete lab report and misleading statements.

Is there an attorney in the house?


Beautifully put! This is exactly what I was trying to figure out, a counter angle to the frivolous claims made by said nefarious parties in this thread.
I use the word nefarious because let's face it, this is what it is.

With your permission Vocalek, I'd like to forward this thought to Amy at the ECA.
 
I think we should all start a class-action lawsuit using Banzhaf's template...against GlaxoSmithKline.

From the NicodermQC site:
NicoDerm CQ offers proven safety.
Why is it safe to get nicotine from a patch or any other Therapeutic Nicotine and not from cigarettes? Because when it's delivered to your body through a patch, it comes without the harmful carcinogens that cigarettes contain.

Banzhaf is opening a class action suit against Smoking Everywhere because they said their products do not contain carcinogens but the FDA study shows that there were Nitrosamines. However, the very same carcinogens at the very same concentrations are found in NicodermCQ that makes the very same health claims.
 
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Kimber

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Oct 22, 2009
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I think we should all start a class-action lawsuit using Banzhaf's template...against GlaxoSmithKline.

From the NicodermQC site:

Banzhaf is opening a class action suit against Smoking Everywhere because they said their products do not contain carcinogens but the FDA study shows that there were Nitrosamines. However, the very same carcinogens at the very same concentrations are found in NicodermCQ that makes the very same health claims.

Nicoderm is so "safe" I was taking it along with Wellbutrin in order to double-team my smoking habit. About 4 days into it, I woke up to the paramedics in my house. I had a seizure that lasted about 5 minutes and I do not have epilepsy (this was the one and only seizure I've ever had). My neurologist said it was from the lack of sleep caused by the Nicoderm. I asked if it could have been the Wellbutrin since it is a side effect and she said no. Needless to say, I never used either one of those FDA approved drugs again!
 

Bill Godshall

Executive Director<br/> Smokefree Pennsylvania
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Apr 2, 2009
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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.
 
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