The California Northern District Court dismissed a complaint by Jerod Harris, who had filed a lawsuit against R.J. Reynolds Vapor Co. in September 2015, claiming that the company had failed to include a potential carcinogen risk warning in its marketing and labels of Vuse.
Judge James Donato argued that Harris could not prove that Reynolds Vapor had “exclusive knowledge of the negative health effects of its vaping products.”
He also noted that Vuse warning labels include the statement, “no tobacco product is safe or without risk.” Donato said although Reynolds Vapor did not spell out all the chemicals in Vuse vapor, “its identification of Vuse as a tobacco product that was neither safe nor risk free hardly amounts to a misleading partial statement.”
This was the second time Harris’ complaint had been rejected. Donato allowed him to file a third amended complaint by Sept. 22 but cautioned that it would be the last he would allow.