Electronic Cigarette Class Action Lawsuits

I find this information highly enlightening. I was under the impression that one actually had to have a valid and legitimate reason to sue someone. I didn't realize that you could sue someone for damages even if you hadn't actually suffered any.
By: Monte_Alto
Tobacco and Electronic Cigarette Comparison
Tobacco and Electronic Cigarette Comparison
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* Kelowna - British Columbia - Canada

Dec. 16, 2009 - PRLog -- The US ASH site invites consumers to take part in class action law suits and “possibly share in any damages awarded to users of the electronic cigarette, a new product which the Food and Drug Administration [FDA] has declared “illegal,” says public interest law professor John Banzhaf, Esq.  

His efforts, were part of what prompted the FDA to warn the public about the dangers of these “so called” e-cigarettes, which contain “hidden carcinogens and other toxic chemicals” and he has encouraged several legal actions against the manufacturers, which have already been brought or are about to be filed. As a matter-of-fact, his over-inflated claims of “deadly toxins and cancer-causing chemicals” has resulted in a wide-spread boycott and subsequent ban of the product around the world.

Oddly enough, he's been patting himself on the back ever since, but I'm really not sure why, since it is his actions that have forced many consumers to resume smoking the toxic tobacco products they had effectively distanced themselves from by using the electronic products. I was under the impression that it is the tobacco products that are the problem, which is why I personally, switched to vapor. With over 400 ingredients, resulting in a toxic blend of over 4,000 deadly emissions when burned, cigarettes are the deadliest product ever manufactured to be sold to the consumer and I was certainly happy to have finally found a viable replacement to them.

Reports state that every eight seconds, a human life is lost to tobacco use somewhere in the world. Translation: tobacco use is responsible for approximately five million deaths annually. That fact alone should make a person wonder why they are trying to ban the electronic cigarettes and yet the tobacco products remain available. Well, as the old saying goes, the only sure thing you can count on are death and taxes ... and it seems that the tobacco products account for the majority of both.  

In contrast, the electronic products consist of between 10 and 20 ingredients and produce an exhaled vapor rather than the toxic smoke associated with the tobacco products. The electronic cigarette cartridge does not contain carcinogenic levels of TSNA's, in that no product containing the trace levels found in the tested samples, has ever been shown to cause cancer. As such, the only logical conclusion I can reach is that Prof. John Banzhaf did not take the time to research these products before making his outlandish claims, or he would have realized that the FDA report he based his misleading statements on, actually showed that nitrosamines were “not” detected in the majority of the tested samples. The electronic cigarette is actually on par with other nicotine based products already on the market and readily accepted as “safe”.

In his ignorance, he has led everyone to believe that this is a highly toxic product which should be feared and removed from the marketplace, when in fact this product can't help but be infinitely safer than the cancer sticks we have been addicted to for decades. The nitrosamine levels in the electronic cigarette are approximately 8.183 (this is a decimal point) while the tobacco products produce approximately 7,450 (this is “not” a decimal). Other “dangers" lurking in the “so-called” e-cigarette he has been raving about, score equally on his  “duck and cover" danger scale. For those of you who find this hard to believe, feel free to check out the FDA report and other test results on my Smoke vs Vapor website.


Even more ridiculous are his claims that the “second-hand smoke” the electronic cigarettes produce is hazardous to your health ... oh, come on now ... even I know that where there's smoke ... there's fire. Burned tobacco produces the toxic smoke ... nicotine cartridges heated by a battery, produce a vapor ... yet he is doing his best to force those of us who use the electronic cigarette to remain outside with the smokers, so that we are still forced to inhale the toxic tobacco cigarette emissions we are trying to avoid.    

Research reports show that levels of these “hidden carcinogens and other toxic chemicals” and all these “deadly toxins and cancer-causing chemicals” were barely detectable and well below acceptable health and safety levels and are also contained in all other approved nicotine products.

It seems to me after reading all the available information, that a switch to the electronic product was the sensible thing to do and that is exactly what I did. However ... I am now being forced by the "non-smoking” activists and numerous health organizations to either resume using the toxic tobacco products, or die trying to quit smoking using products and methods which do not work. I prefer to do neither and wish to remain using my electronic model.

Personally, I believe that someone should be held accountable for the illnesses and deaths which will now be cause and effect related to the boycott and ban. I did want to mention that in order to make things easier for all concerned, Prof. Banzhaf has been kind enough to post an on-line template for drafting a class action law suit complaint against sellers of e-cigarettes and states that with this simple template, any attorney contacted by an e-cigarette purchaser can easily file his or her own new law suit.

“This could be important because the plaintiffs and the attorneys who are the first to file class action product liability law suits often end up with the lion’s share of money recovered — including attorney’s fees — so a race to the courthouse to be the first to file in each state is quite possible, says Prof. Banzhaf.” He also states that “To file a law suit, a purchaser need not have suffered any medical or other problem as a result of using the product. Prof. Banzhaf explains that the legal actions which have so far been filed against e-cigarette sellers have relied upon consumer protection statutes which do not require any specific injuries.”

“Moreover, such law suits would not be affected by any decision in a federal law suit now pending which seeks to challenge the FDA’s jurisdiction over e-cigarettes. The FDA’s jurisdiction, and violations of consumer protection laws, are two very different legal issues, says Banzhaf.”

I have to say that I find this information to be highly enlightening. I was under the impression that one actually had to have a valid and legitimate reason to sue someone. I didn't realize that you could sue someone for damages even if you hadn't actually suffered any. This little tidbit of information, my fellow electronic cigarette consuming “Vapers” ... is indeed good news. I'm sure you can all imagine what “the lion’s share of money recovered” could amount to, if there actually is a valid complaint behind the lawsuit, rather than just some petty legal wrangling maneuver.

Let's say for example that you end up with one of those smoking related diseases after being forced to return to the tobacco products. You should be able to sue those persons responsible for your shortened life span and I can guarantee that, should I decide to file a lawsuit, it most certainly won't be aimed at the electronic cigarette manufacturers.

If any of you are unsure of how to draft a class action law suit, feel free to visit the ASH website and download a copy of Prof. Banzhafs on-line template. I'm sure with just a few alterations with regards to the name of the party you wish to sue, you'll be ready to go.

Come to think of it ... why wait till later ... maybe we should all just get the ball rolling right now and sue everyone before the damage is done, that way you can sit back and enjoy those last few years. Everyone get your sneakers on and I'll race you to the courthouse. (nudge nudge wink wink)

Please feel free to partake in my on-line survey if you like ... you can find it at the link below.  


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The FDA Press Release regarding the safety of the electronic cigarette, effectively created a panic that spread like wildfire leading to a product boycott and border bans. You can find full and complete test results at my Smoke vs Vapor website.
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Tags:Electronic Cigarette, Border Bans, Fda Report, Human Rights Violations, Tobacco, Quit Smoking
Industry:Technology, Health, Legal
Location:Kelowna - British Columbia - Canada
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