Vaping Related Lawsuits are Increasing

Joe: 106.7 WIZN. That’s David Bowie in “Fame.” You heard the Stone Temple Pilots in “Plush” before that. I’m Joe Vega here with you on your Wednesday “Rock and Ride Home.” Earlier, I was talking the issue with vaping. There is at least one confirmed case of a vaping-related lung issue, and I wanna get my friend Ben Barry on the phone here from Martin, Harding & Mazzotti to talk about the legal ramifications of that. You can call Martin, Harding & Mazzotti at any time at 1800LAW1010 or go online to 1800law1010.com. Ben, how’re you doing?

Ben: Joe, how’re you doing?

Joe: Thanks for coming on again Ben. Today’s subject is vaping. There’s been some confirmed cases of vaping-related lung issues and I wanted to talk to you about what kind of lawsuits these people have.

Ben: It depends. It depends on the people, it depends on the different actors who are filing suits. In some certain circumstances, states are filing suits on behalf of their citizens. In other circumstances where someone’s suffered a direct harm as a result of any number of things that these vaping companies have done, they will have a sort of separate distinct claim for monetary damages based on the health complications that they’ve suffered as a result of using these vaping materials. Juul particularly, the company that is kind of like the tag name because they control 75% of the e-cigarette market. Basically, Juul is being sued in a number of different ways. Their marketing campaign, they’ve been accused of marketing to minors specifically. They’re being accused of failing to warn of the dangers of the e-cigarettes. For example, there’s more nicotine in a Juul pod than there is in a pack of cigarettes. They are being sued for defective design of their product, and they’re being sued for failing to put in safeguards that would protect against minors purchasing these products.

There are a number of other allegations like Juul went to schools and kind of did a anti-vaping campaign that was really actually more of a vaping campaign than anything. So there’s a lot of allegations. Congress is looking into it. There’s a lot of states that have kind of cast a shadow over Juul in the e-cigarette market, for a lot of good reasons. But this litigation is really picking up steam. There are hundreds if not thousands of cases filed, both class action and individual suits. So I think that the litigation is certainly gonna grow, the people are going to start filing claims. The FDA did not start overseeing Juul until 2016. And so I think that there’s a whole absence of studies, absence of really long-term user type statistics that we see, for example, by comparison with Big Tobacco. We know that cigarettes cause lung cancer. Juul was marketed as an alternative to that, and that may be false after all.

Joe: All right. Thank you, Ben.

Ben: Joe, thanks for calling.

Joe: Ben Barry from Martin, Harding & Mazzotti. You can call them at any time at 1800LAW1010 or go online to 1800law1010.com. I’m out of here, turning things over to Mel Allen now. He’s got music from Bad Company next.