At Swartz & Swartz PC., we know how devastating it can be when you sustain an injury or get seriously hurt because of a defective or dangerous product.
At Swartz & Swartz PC., we know how devastating it can be when you sustain an injury or get seriously hurt because of a defective or dangerous product. Around the world and across America, there has been a proliferation of product liability lawsuits targeting E-cigarettes, or “vape pens,” for the serious lung injuries and addiction issues they cause.
According to the New York Times, E-cigarettes and other vaping products were initially conceived to be a less harmful alternative to cigarettes, which are linked to the deaths of about 480,000 people in the United States each year. When it comes to E-cigarettes, there have been at least 530 cases of lung injury reported across 38 states and the US Virgin Islands, according to the Centre for Disease Control. Seven people have died. All reported cases have a history of using E-cigarettes or vaping.
How do E-cigarettes work? According to the CDC, E-cigarettes produce an aerosol by heating a liquid that usually contains nicotine—the addictive drug in regular cigarettes, cigars, and other tobacco products—flavorings, and other chemicals that help to make the aerosol. Users inhale this aerosol into their lungs, much like the action of smoking a cigarette.
As of July 15, 2021, there were 2,339 lawsuits from around the United States combined in multidistrict litigation (MDL), MDL-2913, filed against Juul, a high-profile E-cigarette company. In fact, back in the summer of 2018, Massachusetts Attorney General Maura Healey launched an investigation into Juul and began legal proceedings to sue the company for “creating a youth vaping epidemic,” for their predatory marketing and advertising campaigns.
In September 2019, Massachusetts Gov. Charlie Baker previously called for a temporary statewide ban on the sale of all E-cigarettes and vaping products in response to a nationwide outbreak of lung injuries associated with vaping. Massachusetts was the first state to issue such a ban, which is still in place. The ban applies to all vaping products and devices, including tobacco and marijuana. Gov. Baker cited a wake of a multi-state outbreaks of lung injuries associated with vaping, which is currently being investigated by the US Centers for Disease Control and Prevention and the US Food and Drug Administration, as his administration’s reasons for banning the sale of E-cigarettes. In June 2021, it was announced that Juul Labs agreed to pay North Carolina $40 million after the courts agreed that the company’s marketing practices fueled widespread addiction to nicotine among young people and created a new public health problem.
As of July 15, 2021, there were 2,339 lawsuits from around the United States combined in multidistrict litigation (MDL), MDL-2913, filed against Juul, a high-profile E-cigarette company.
In Massachusetts, product liability law protects consumers from dangerous and defective products. It’s a notoriously complex area of the law. Generally speaking, the manufacturers and sellers of goods can be held legally responsible if a product is defective or unreasonably dangerous. There are different types of Massachusetts product liability cases, one of the most common is a breach of warranty of merchantability. From a legal perspective, a manufacturer or seller, by virtue of selling it’s product, makes an implied promise that the product is fit for the purposes for which that product or similar products are sold. For example, if a power drill is packaged as being useful for drilling all materials but only drills certain types of materials, this could be because of a design defect or a manufacturing defect. In addition to a claim for either design defects or manufacturing defects, a plaintiff can also sue for breach of the implied warranty of merchantability.
If you have suffered a lung injury from an E-cigarette call our experienced product liability attorneys today. A Swartz & Swartz attorney will work with you to help you investigate potential product liability claims on the path to seeking justice for you and your family. Call the Boston, Massachusetts office of Swartz & Swartz, P.C. at (617) 742-1900, or toll-free at 1-800-545-3732.
Mr. Angueira is an accomplished senior trial lawyer at Swartz & Swartz, P.C., who has obtained record breaking results for his clients. He was admitted to the Massachusetts Bar in 1982 and the New York Bar in 1983. He specializes Employment Litigation, Medical Malpractice, Product Liability, Discrimination, Whistle Blower and False Claims.
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