BISNAR | CHASE Files Class Action Lawsuit against Manufacturer of Electronic Cigarettes

NEWPORT BEACH, Calif. - Feb. 27, 2014 - PRLog -- The Newport Beach consumer law firm of BISNAR | CHASE has filed a class action lawsuit (Case number: 30-2014-00705711-CU-FR-CXC/Orange County Superior Court) against Njoy Inc. and Sottera Inc., manufacturers of certain brands of electronic cigarettes or e-cigarettes. According to court documents, the plaintiff and class representative, Eric McGovern, is seeking compensatory and punitive damages from the manufacturers of the device alleging that he experienced various symptoms including nausea, dizziness, and persistent pain in his chest after using the electronic cigarettes.

The lawsuit alleges that the defendants' web sites describe their products as "America's # 1 E-Cigarette" with the "look, feel, and flavor of the real thing, but without the tobacco smoke." The complaint states that the defendants also represent that the primary ingredients in their products such as glycerin and propylene glycol have been determined by the U.S. Food and Drug Administration (FDA) to be safe for use in food and that all ingredients in the e-cigarettes are "determined to be safe for use in food products." The defendants present their products as a safer and healthier alternative to smoking and that they contain no harmful ingredients.

However, this is known not to be true, the complaint states. The FDA in July 2009 released a report stating that tests on e-cigarettes found that they contain carcinogens such as diethylene glycol, a toxic chemical used in antifreeze. Other samples tested by the FDA, according to the agency's report, showed the presence of other chemicals and toxins as well. The lawsuit states that the e-cigarettes presented by the defendants as the healthier, safer alternative is "potentially as toxic, as carcinogenic and as unhealthy as traditional cigarettes." It states that the manufacturers of the e-cigarettes also fail to disclose and actively conceal the fact that their products contain harmful toxins and varying levels of nicotine.

The goal of the Consumer Legal Remedies Act (CLRA) and the Unfair Competition Law (UCL), which form the basis of this class action, are to promote fair competition and to prevent consumer fraud, said Brian Chase, partner at BISNAR | CHASE.

"Consumers should be provided accurate information in order to be able to make an informed decision regarding whether to purchase a particular product," he said.

When the seller of a product deliberately misrepresents or conceals material facts about a product, which could have reasonably could have affected a buyer's decision to purchase that product with the goal of inducing the buyer to purchase the product, the seller has violated both the CLRA and UCL, Chase says.

"Our goal is to get justice for our client and other consumers like him who believed the commercials and false information put out by e-cigarette manufacturers," Chase said. "These are products that have harmful, carcinogenic ingredients in them. It is about time manufacturers of e-cigarettes are regulated. It's time they tell us the truth about their products."

About BISNAR | CHASE Class Action Lawyers

Bisnar | Chase class action attorneys assist consumers who have been victimized by false advertising, misinformation and defective or dangerous products. The Bisnar | Chase law firm has been assisting victims since 1978 with a success rate of 97.5 percent and have served over 6,000 clients. Please call us at 949-203-3814 to obtain a free consultation and case evaluation or visit our website http://www.BestAttorney.com

Source: http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/2009/ucm173222.htm