Juul Vape Pod Litigation
Failure to Warn and Deceptive Marketing.
Vaping — inhaling a vapor of flavored nicotine and other chemicals through an electronic cigarette (or e-cigarette) — was introduced into the market as a safe alternative to regular cigarettes. However, in recent years, health care professionals have cautioned against the use of e-cigarettes, as the devices contain nicotine that is harmful and addictive to the user, just like traditional cigarettes. In fact, the pods of one popular vaping device, JUUL, contain between 3-5% nicotine — the same amount in a pack of cigarettes. JUUL vape pods have become so popular among teenagers that their use is referred to as “JUULing.”
As more evidence emerges relating to the negative health consequences of using vaping devices, manufacturers like JUUL are facing allegations of failure to warn and deceptive marketing.
If you or a loved one was led to believe that JUUL vape pods were a safe and healthy alternative to traditional cigarettes, or you believe you have experienced health problems resulting of your use of JUUL vape pods, you may be entitled to compensation for your damages.
Why is vaping unsafe?
Vaping involves the inhalation of nicotine and other chemicals through a battery-powered or rechargeable device known as an electronic cigarette. The liquid is contained in a pod or cartridge and heated until it produces vapor, which is then inhaled by the user.
This vapor contains nicotine, which gives the user a slight high, but is also an addictive and harmful chemical. Some of the health consequences of consuming nicotine through a vape pod include nausea, vomiting, mouth and throat irritation, coughing, and increased heart rate, airway resistance and blood pressure. Use of vaping devices may also lead to heart attack, due to increased heart rate. Furthermore, the vapor inhaled from e-cigarettes contains many cancer-causing ingredients like heavy metals and formaldehyde.
Targeting Teenagers in Deceptive Marketing Campaigns
A lawsuit was recently filed against the manufacturer, alleging that the company used deceptive marketing tactics to persuade consumers — and teenagers in particular — that JUUL vape pods were a safe alternative to cigarettes. JUUL advertised its product as being “safe,” when in reality, many serious health problems have been associated with vaping.
Unlike previous generations, adolescents in the U.S. have grown up in a society that is generally unfriendly towards and unaccommodating of smokers. Gone are the days when you can smoke in a restaurant or even a bar and many hotels no longer offer rooms in which smoking is permitted. Yet, through its deceptive marketing campaigns, failure to warn of the real dangers of vaping, and unlawfully enticing teenagers to purchase its vape pods, companies like JUUL are luring a new generation into nicotine addiction.
Can I file a lawsuit against JUUL?
Whether you or a loved one can file a claim to recover damages against JUUL depends on many different factors. If you believe you have been harmed by the use of JUUL vape pods due to inadequate warnings about related dangers and health consequences, or you were led to believe that using the vaping devices was safe for your health due to JUUL’s marketing campaigns, you may have a viable cause of action. You should seek the opinion and guidance of an attorney with experience and knowledge in the field of personal injury and product liability law.
Some of the claims upon which you may be entitled to compensation include:
A product liability claim is based on a manufacturer’s breach of a legal duty they owed to you and the presumption that consumers will believe a product is safe for its intended use if they are not warned otherwise.
If a manufacturer sells a product without warning consumers about the potential dangers of its use or without instructions on how to properly use the product to avoid harm, it may be held liable for any harm suffered as a result. In the context of vaping devices, the failure of JUUL and other vape pod manufacturers to adequately warn consumers about the health dangers of vaping may result in liability for damages caused by their failure.
Unfair and Deceptive Marketing
As a result of misleading and, in some instances, outright deceptive marketing campaigns, vape pod manufacturers like JUUL may also be liable for violations of FDA regulations and state laws by downplaying the harm of nicotine and the potency of the nicotine contained in vape pods.
An Advocate You Can Trust
There are state and federal laws to protect consumers like you and your teens from the harmful marketing tactics that companies like JUUL have employed to increase their sales at the expense of your health.
If you believe you have been harmed by JUUL’s deceptive marketing campaigns or failure to warn of the dangers of its vaping devices, you do not need to face this large corporation alone. You may be entitled to compensation and our team of knowledgeable and experienced attorneys at Allan Berger & Associates is available to advocate on your behalf.
We would be happy to review your potential claim and discuss your opinions. You may reach us by phone at (504) 526-2222 or by email for a free and confidential review of your case.
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