• April 6, 2020

E-cig class action dismissed

A class action failure-to-warn lawsuit against electronic cigarette companies was thrown out by the Central District Court of California last week, according to a story on natlawreview.com.

The suit, filed by plaintiffs from California, Illinois, and New York, included claims that the accused companies, including Lorillard Tobacco Co. and Reynolds American Inc., which bought Lorillard in 2014, deceptively advertised the health benefits of electronic cigarette products over traditional cigarettes.bottles

The judge ruled federal law superseded state regulations citing the US Food and Drug Administration’s rule making electronic cigarettes subject to the Family Smoking Prevention and Tobacco Control Act. Under Federal law tobacco products only need to carry a warning regarding the addictive properties of nicotine and states cannot mandate stricter labeling requirements.

The Review said that the only claim that appeared to have survived was an unfair competition claim that the companies neglected to warn consumers of the dangers of toxic chemicals in the products.

The full story is at: http://www.natlawreview.com/article/e-cigarette-class-action-suit-stymied-federal-law