Judge Throws Out Seven out of Eight Counts in an E-Cigarette Class Action Suit
Honorable Judge Selna of the Central District Court of California threw out a class action suit brought by plaintiffs from CA, IL, and NY. Plaintiffs claimed that Lorillard Tobacco Co. and Reynolds American Inc. purposefully mislead their customers through false advertising, claiming increased health benefits of e-cigarettes in comparison to regular tobacco products.
The entire case hinged on the fact that California has very strict labeling requirements. Judge ruled that, since vaping products are now subject to the Family Smoking Prevention and Tobacco Control Act, states can’t impose stricter labeling requirements than the FDA. Tobacco products are only required to carry a clear warning about the addictive properties of nicotine, no more.
However, one count of the action suit stands and it has to do with the labeling of toxic chemicals such as formaldehyde. Since the FDA has found traces of formaldehyde in several e liquids Judge Selna ruled that under the Safe Drinking Water and Toxic Enforcement Act of 1986, vaping products might be obliged to carry that warning.
The recent FDA deeming rule is causing havoc in the industry and it’s possible that this surviving count will bring about more lawsuits in the near future and force vape juice manufacturers to make their ingredients and percentages public.
Original post by Domenic B. Sanginiti, Jr