Lawsuit Alleges E-Cig Company Misled Smokers About Helping Them Quit

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Local governments weighing electronic cigarette regulations should heed the many uncertainties surrounding the safety and risks of these devices. For example, a newly filed lawsuit that seeks class-action status in Los Angeles Superior Court alleges that Fumizer LLC, an electronic cigarette manufacturer and distributor, falsely claims its e-cigarette vaporizers could help users quit smoking, despite the lack of evidence of this in medical studies. Plaintiff Joseph Sheppard contends that Fumizer’s manual is contradictory in that it indicates the e-cigarette can “help you quit smoking,” even as other marketing materials disclaim any use as an aid to quit smoking, perhaps to avoid FDA regulation.

The suit also asserts that Fumizer misled consumers by referring to “healthy smoking” on its marketing and packaging materials, ignoring studies showing e-cigarettes still contain some of the carcinogens and toxins included in tobacco cigarettes, along with other potentially harmful chemicals.

Researchers continue to agree that further study is necessary before the negative effects of e-cigarette use can be known. Beyond that, Fumizer fails to list the ingredients for its products, so even cautious consumers would be incapable of making an informed decision about whether to use its e-cigs, the suit adds. E-cigarettes continue to present problems by raising a variety of health, safety, and policy unknowns that will only be resolved with further research and consideration.

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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