Electronic Cigarettes

However, as e-cigarettes are a relatively new development, state and federal regulations and case law are in a state of evolution, as many of the claims made against designers, manufacturers, distributors and sellers of e-cigarettes are in their infancy. Federal regulations governing e-cigarettes have not been finalized. The U.S. Food and Drug Administration (FDA) has promulgated proposed rules that are in the review stage and have yet to be adopted. These proposed regulations could become a barrier to entry into the business, and will set new requirements for those companies currently in the business. But because federal regulations have yet to be finalized, companies in the e-cigarette business cannot point to final regulations to bar state claims, and must be ready to defend individual suits or class actions.

Thus, with the changing legal landscape, product liability lawyers who represent any entity in the e-cigarette business, or any company that is contemplating entering the business, must stay up to date on potential claims that may be brought against any such company. Litigation concerning e-cigarettes has generated a wide variety of potential claims. This article briefly outlines some of those claims and specifically provides examples of the types of product liability claims a company in the e-cigarette business should be prepared to defend. Such claims include: state consumer fraud lawsuits raising claims that e-cigarettes are misleading in their marketing as safer alternatives to traditional cigarettes; personal injury claims arising from fires and other harm caused by product malfunction; and claims based on failure to warn about potentially harmful chemicals in the product.