Doctors state that vaporizers are safer than the 7,000 chemicals in cigarette smoking, but there haven’t been any long-term studies to suggest what years of vaping will do to a body. Some of the fiercest advocates of e-cigarettes are those who have a long history of smoking real cigarettes. Researchers agree e-cigarettes are less harmful than traditional cigarettes, which release more than 60 carcinogens through combustion, and some studies have shown they can be effective in helping smokers quit.
But since e-cigarettes have arrived in the U.S. around 2008, their long-term effects remain unknown. Health officials, antitobacco groups and lawmakers have grown concerned about them because cases of nicotine positioning in children from e-cigarette products have increased, and the Centers for Disease Control and Prevention released a study in April indicating teen e-cigarette used tripled in 2014. Health officials and antitobacco groups are concerned e-cigarettes could become a gateway to traditional cigarettes.
The FDA said in a statement to the Wall Street Journal that the new rules it hopes to produce with help it “learn more about these products and ultimately ensure that newly regulated products cause no worse harm to users.” Vapeology L.A. owner John Hartigan, 54, said the absence of regulation today puts the responsibility on him to ensure the liquid nicotine he sells comes from manufacturers blending in controlled environments and doing chemical analysis. “The idea that you won’t have people out there putting juice together without a chemical background is a good thing,” he said. In the absence of regulation, more than 8,500 vape shops have sprung up in strip malls and stand-alone stores across the country.
In the same article, Five Pawns Chief Executive Rodney Jerabek said, “It’s going to become very expensive to play in the game; this could mean the end for a lot of small companies.” [1]
Class Action Filed Against Five Pawns
On November 11th, a class action lawsuit was filed against Five Pawns, a maker of high-end liquids designed for e-cigarettes users alleging that the company mislead consumers about the amounts of harmful chemicals in its e-cigarette liquids, and the dangers such chemicals pose. The lawsuit declares that “despite the defendant’s marketing campaign that boasts its ‘top-notch ingredients’ that makes for a ‘high-end experience,’ the defendant’s products are actually loaded with harmful chemicals.
Specifically, the e-liquid class action lawsuit points to the chemicals diacetyl (“DA”) and acetyl propionyl (“AP”). The complaint cites numerous studies that show the chemicals DA and AP are not toxic if eaten, but when inhaled may cause chronic obstructive pulmonary disease, emphysema, and “Bronchiolitis Obliterans, a condition in which irreversible scarring to the lungs is produced, in serious cases requiring lung transplants.”
The lawsuit alleges that Five Pawns knew about the dangerous levels of DA and AP in its product and decided not to disclose it to consumers. Apparently, Five Pawns knew about the levels of DA and AP in its products since September 2014, but continued to market its liquids for e-cigarettes as being made from “natural ingredients” that are “sourced locally,” and using “solely diacetyl-free ingredients.”
Testing performed by the United Kingdom’s Cloud9, an e-cigarette and vaporizer distributor, found that Five Pawns products contained “the highest concentration of [AP] that has ever been seen in any e-liquid.” And while Five Pawns disputes those results, Five Pawns own test results from 2014 showed that four of its products contain AP levels higher than acceptable levels set by the National Institute for Occupational Safety and Health, the class action lawsuit states.
The Five Pawns class actions lawsuit asks to create a Class of “All persons, exclusive of the defendant and its employees, who purchased in the United States, one or more Five Pawns e-liquids sold by the defendant from November 2012 to the present.” The e-liquid lawsuit seeks to stop Five Pawns from marketing and selling its products without proper disclosure of the chemicals in them, and for damages for those who purchased Five Pawns e-liquids [2].
Flourishing Business Draws Concerns
The $2.5 billion vaping boom has drawn interest from lawyers and health professionals alike. The boom really took off after a federal court in 2010 overturned a U.S. Food and Drug Administration (FDA) 2009 decision to regulate e-cigarettes like real cigarettes. Since 2013, the number of vape stores have jumped from 3,500 to 35,000.
Cigarettes were once a spectacularly good business for retailers, such as convenience stores. Cigarettes accounted for nearly 36 percent of the sales revenue in convenience stores in their peak year of 2009. Average cigarette revenue per store was $576,354 with an 18 percent gross profit of $89,923. However, this is “chump change” compare to the profits in the vape business. Most accessories and vape products have a markup of between 200 and 400 percent. Some electronic pens cost $250. With total sales up from $1 billion in 2013 to $2.5 billion in 2014, some stores are bringing in $1.3 million a year [3].
With these numbers and the regulation of the vape shops still up in the air, it’s important to know that although they can ease the heavy smoker of their addiction, the liquids may pose a threat to the human body that has yet to be discovered. Especially since it its very popular with younger smokers, its popularity could have disastrous effects to the body that hasn’t been exposed yet. Additionally, knowing that there are lawsuits pending against a major company who manufactures the non-regulated e-liquids because of disputing ingredients makes the potential health concerns even more alarming.
If you or someone you know has used Five Pawns e-liquids or are suspicious about the chemicals used in their e-cigarettes, it’s beneficial to speak with a defective product attorney on the manners of legal representation if your claim has merit.
SPEAK WITH AN EXPERIENCED PRODUCT RECALL ATTORNEY IN NEW PORT RICHEY FOR FREE
Companies are sometimes responsible for illnesses or damage caused by their products and need to be confronted legally. They’ll often take very precise steps to make sure this doesn’t happen. Consequently, if you find yourself in a situation where a product has impaired or caused damage to you or a loved one in any way, contact Dolman Law Group Accident Injury Lawyers, PA immediately for a free consultation and case evaluation. We have experienced product liability attorneys on site in New Port Richey, Florida who will aggressively fight for your rights and make sure you get the compensation you deserve. Call the Dolman Law Group Accident Injury Lawyers, PA today at (727) 477-9660.
Dolman Law Group Accident Injury Lawyers, PA
5435 Main Street
New Port Richey, FL 34652
(727) 477-9660
References:
[1] FDA Cloud Hangs Over Vape Shops
[2] $2.5 Billion Vaping Boom Draws Class Action Lawsuits
