Sarah Mirando  |  November 11, 2011

Category: Legal News

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Smoking Everywhere Electronic Cigarette Class Action Lawsuit Certified 

By Mike Holter

 

Smoking Everywhere E-Cigarette
A federal judge has certified a class action lawsuit against Smoking Everywhere, which accuses the electronic cigarette maker of lying that its electronic cigarettes are safe and non-toxic.
According to the Smoking Everywhere class action lawsuit, Smoking Everywhere falsely advertised that its electronic cigarettes are a safe alternative to traditional cigarettes, despite testing that revealed the presence of toxins and carcinogens in the products. Electronic cigarettes are not approved by the U.S. Food and Drug Administration.
Plaintiff Ryan Mathias alleges in the electronic cigarette class action lawsuit that he and other California consumers relied on Smoking Everywhere’s false representations that electronic cigarettes were safe and non-toxic, and suffered damages as a result. He is alleging the false advertisements violated the California Consumer Legal Remedies Act (CLRA) and the California Unfair Business Practices Act. 
The judge agreed that the proposed class could prove they suffered damages and certified a class of all California residents who purchased Smoking Everywhere electronic cigarettes within the past four years.
 
The Smoking Everywhere false advertising class action lawsuit is seeking refunds for California consumers who purchased the electronic cigarettes, which retail for $49.99 per kit.
 
A copy of the certification order for the Smoking Everywhere Electronic Cigarette False Advertising Class Action Lawsuit can be read here.  

The case is Ryan Mathias v. Smoking Everywhere, Inc., Case No. 9@:09-cv-03434-GEB-JFM, U.S. District Court, Eastern District of California.

 

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Updated November 11th, 2011

 

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5 thoughts onSmoking Everywhere Electronic Cigarette Class Action Lawsuit Certified

  1. caroline dalton says:

    I took one puff off a cig20 electronic cigarette and it almost killed me.JUst on puff put me to floor and I gasped and puke for sixt days in hospital.I still very sick.and it been three weeks now.Something came out of it into my mouth throat and lungs like liquid fire.and by the way this would be the perfect biological war fair to use,it not regulated made in china owned by American companys and there no list of ingriedients.

  2. Ballerdude3 says:

    If a trial lawyer and an IRS agent are both drowning, and you can only save one of them, would you go to lunch or read the paper?

  3. Anonymous says:

    I was hoping that this was a lawsuit against them for claiming a lifetime guarantee of their product and then backing out and making it impossible to replace their broken (poor designed) parts.

  4. Anonymous says:

    I paid $150.00 for the big GOLD package back in June 2009. Got it home and wouldn’t work. Took it back twice. Each time they got it working in the store. Got it home…wouldn’t work. Called HQ. couldn’t get any results from them. Tucked it away in my drawer till now.
    HEY. WOULD LOVE MY MONEY BACK OR SOME RETRIBUTION!!!!!!!!

  5. Anonymous says:

    Oh my goodness, what a load of absolute rubbish! So sad that there will always be losers like Ryan Mathias, looking for a quick buck!

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