MedWarn.org
  • Alerts
  • Drugs
    • ADHD Medications
    • Allergy Treatments
    • Antidepressants
    • Antipsychotics
    • Antibiotics
    • Antiseizure
    • Arthritis
    • Cancer Treatments
    • Cardiovascular
    • Diabetes Treatments
    • Dietary Supplements/Weight Loss
    • Erectile Dysfunction
    • Gastrointestinal
    • Hormone Therapy
    • Oral Contraception
    • Pain Relief
    • Respiratory
    • Skin Conditions
    • Sleep
  • Vaccines/Biologics
    • Blood Products
    • Genetic Testing
    • Tissues
    • Vaccines
  • Devices
    • 3D Printed
    • Autoinjectors
    • Brain Devices
    • Breast Implants
    • Cardiac Devices
    • Contraceptive Devices
    • Cyber Security
    • Home Health Devices
    • Hip Implants
    • Infusion Pumps
    • Respiratory Systems
    • Stents
    • Surgical Devices
    • Transvaginal Mesh
  • Tobacco
  • Resources
    • Product Safety and the FDA
    • Product Recalls
    • Product Liability Lawsuits
    • Questions For A Lawyer
    • Get Help
  • About Us

Alerts, Recalls, and Legal Headlines

Sign-up to receive recall notices, medical news, and litigation updates.

SIGN-UP

Legal News: Proposed Class Action Highlights Dangers of E-cigarettes and Need for FDA Regulation

3/21/2014

0 Comments

 
Picture
A proposed class action in California federal court, McGovern v. NJOY, Inc. et al, claims NJOY used deceptive advertising to persuade consumers that its e-cigarettes are harmless, despite an FDA report showing e-cigarettes contain carcinogens and other potentially harmful chemicals.   McGovern claims that NJOY's e-cigarettes contain the "same impurities and the same cancer-causing agents as traditional cigarettes" and  alleges violations of the Consumer Legal Remedies Act, unfair competition or deceptive business practices, deceptive, false and misleading advertising, and consumer fraud.    

E-cigarettes are battery operated devices that deliver a nicotine high similar to conventional cigarettes by heating nicotine in a disposable cartridge and producing a vapor that can be inhaled.  E-cigarettes are marketed as a less-harmful alternative to cigarette smoking, but not enough is known about the health effects of "vaping".  In samples taken by FDA's Division of Pharmaceutical Analysis, one leading brand of e-cigarettes was found to contain diethylene glycol, a toxic chemical found in antifreeze.  Several other samples were found to contain carcinogens, including nitrosamines.   In spite of FDA's concern, e-cigarettes currently exist in a legal no-man's land.   The FDA does not regulate the manufacturing, marketing, or sales of these products.  E-cigarettes are sold without any warning labels and without any legal age restriction.

Another major concern is that e-cigarettes are intentionally marketed to young people with kid-friendly flavors such as bubble gum, gummy bear, chocolate, cherry crush, and coca-cola.   In a 2013 report, the Centers for Disease Control and Prevention (CDC) reported that e-cigarette use more than doubled among middle and high school students.  Tobacco giants Altria Group, Inc., Lorillard, and Reynolds American have taken note of the market success of e-cigarettes and are introducing their e-cigarette versions nationwide.  Consumer advocates worry that e-cigarettes are being used by the tobacco industry as an addictive gateway to other tobacco products.  

Increasingly, cities (including Boston, Chicago, New York and Los Angeles) and states (including New Jersey, North Dakota, and Utah) are moving to fill the federal regulatory gap by taking steps to regulate the sale and public use of e-cigarettes.  In the fall of 2013, attorney generals from 40 states called on the FDA to regulate e-cigarettes to address their marketing, ingredients, and sale to minors.  FDA has responded with a proposed rule to include emerging tobacco products such as e-cigarettes, nicotine gels, and certain dissolvable tobacco products under the Tobacco Control Act.  Until a final rule is passed, however, consumers are on their own.  More information about the health risks posed by E-Cigarettes can be found in FDA's Consumer Health Information publication: "FDA Warns of Health Risks Posed by E-Cigarettes".

[1] McGovern v. NJOY, Inc. et al, 8:14-cv-00427 (U.S. District Court, California Central) (March 19, 2014).
[2] McIntyre, A., "NJOY Accused of Hiding E-Cigs' Health Dangers," Law360 (March 20, 2014).
[3] CDC, "Notes from the Field: Electronic Cigarette Use Among Middle and High School Students - United States, 2011-2012," Morbidity and Mortality Weekly Report, September 6, 2013.
[4] Waters, R., "E-Cigarette Makers Give Public the Finger," Forbes (January 27, 2014).
[5] Li, S., "FDA should regulate e-cigarettes, 40 state attorneys general say," Los Angeles Times (September 24, 2013).
[6] Cooper, T. "Why Altria Group Could Derail E-Cigarette Growth," The Motley Fool (March 17, 2014).
[7] HHS/FDA, "'Tobacco Products' Subject to the Federal Food, Drug, and Cosmetic Act, as Amended by the Family Smoking Prevention and Tobacco Control Act," RIN: 0910-AG38 (Proposed Rule, Fall 2013).

0 Comments

Your comment will be posted after it is approved.


Leave a Reply.

    Archives

    May 2014
    April 2014
    March 2014
    February 2014
    January 2014
    December 2013
    November 2013
    September 2013
    July 2013
    June 2013
    May 2013
    March 2013
    January 2013
    July 2012
    June 2012
    March 2012
    February 2012
    August 2011
    December 2010
    August 2010
    February 2009
    July 2008

    RSS Feed

    Categories

    All
    3D Printing
    3D Printing
    Acid Reducers
    Acne Treatments
    ADHD
    Allergies
    Antibiotics
    Antidepressants
    Anti-Epilepsy
    Antipsychotics
    Antiviral
    Arthritis
    Aspirin
    Asthma
    Autism
    Birth Control
    Birth Defects
    Blood Products
    Bone
    Brain
    Cancer
    COPD
    Cyber Crime
    Diabetes
    Dietary Supplements
    Dna-testing
    E-cigarettes
    Electronic Health Records
    Eliquis
    Epilepsy
    FDA/Approvals
    FDA Recalls
    FDA/Recalls
    FDA Warnings
    FDA Warnings
    Hearing-devices
    Hearing Loss
    Heart
    Hemophilia
    Hip Implants
    Hormone
    HPV
    Infants
    Infusion Pump
    Invokana
    Legal News
    Migraines
    Mirena
    Monitors
    Multiple Sclerosis
    Pain Relief
    Research
    Resuscitation
    Risperdal
    Sleep
    Stents
    Stroke
    Surgical Device
    Surgical Device
    Topamax
    Transvaginal Mesh
    Vaccine
    Weight Control
    Weight Control

    RSS Feed



    120x600
Powered by Create your own unique website with customizable templates.
Photos used under Creative Commons from Official U.S. Navy Imagery, madaise, outcast104, archibald jude, Vee-vee