Juul Hit With E-Cig Personal Injury Lawsuits
The e-cigarette manufacturer, Juul, is facing two product liability suits in federal courts and possibly many more. Juul has petition the government to consolidate the multi-district cases, but so far, no decision has been made.
Juul is one of a number of e-cigarette manufacturers who are being targeted by state governments around the country for marketing their product to children. Many of those who have filed lawsuits against Juul have no other injuries than the fact that they became addicted to the Juul product. Meanwhile, there is a question as to whether or not such a case should be allowed to move forward, dismissed, or handsomely rewarded.
The Case Against Juul
In most cases, you can’t sue a manufacturer of a product for doing what it is supposed to be doing. At heart, Juul and other vapor cigarettes are nicotine delivery systems. While some folks use them as a way to quit smoking regular cigarettes, far more use them as a safer alternative to smoke-based tobacco. Many of these folks are teenagers for whom it’s illegal to purchase these products.
Most vapor stores rigorously card those who walk into their stores to prove that they are of legal age to purchase a nicotine product. However, for kids, purchasing vapor products online is as simple as buying a prepaid card from your local drug store and then going online. The e-commerce sites simply as you if you’re over the age of 18. You click yes, and they have no other liability.
Yet some believe that they should. There are three types of product liability cases. Defective design, defective manufacture, and failure to warn. The third example provides the grounds for the current spate of lawsuits against Juul.
Failure to Warn Lawsuits
Cigarette companies routinely put warnings on their packs to inform customers that their product is addictive, harms fetuses, and causes lung cancer. Juul, on the other hand, doesn’t. The second part of the lawsuit states that Juul illegally marketed their product to teens and falsely claimed that their product was safe.
Backlash over their marketing resulted in Juul taking down their Instagram and Facebook pages in November of 2018. The question is: To what extent are the claims that Juul made false?
Some of the plaintiffs claim that they became hopelessly addicted to the product and after trying to quit, suffered serious withdrawal symptoms, emotional swings, depression, anxiety, and more. But how much can the plaintiffs tie their symptoms back to Juul’s product?
While it may sound difficult, a sympathetic jury decides whether it is more likely than not Juul is responsible for these plaintiff’s conditions. It will be an interesting case to follow as it could have a major impact on the e-cigarette industry at large.
Talk to a Vero Beach Personal Injury Attorney
If you’ve been injured by a dangerous or defective product or were lied to about the safety of that product, you have cause to file a lawsuit against the manufacturer. Talk to the Vero Beach personal injury attorneys at Vocelle & Berg, LLP today for a free case evaluation.