In an effort to push back against issues with e-cigarette nicotine addictions, especially among young people, Los Angeles County passed an ordinance in October to ban flavored vape pens.

The ordinance completely bans the sale of flavored vapes, and also introduced increased licensing requirements for tobacco shops. Under the new ordinance, businesses will need to obtain two additional licenses, and it also imposes tobacco product standards. Businesses were given several months after the ordinance passed to comply, but as of May 1, it is in full effect. Violations of the ordinance can induce a $1,000 fine for a first violation, along with a 30-day license suspension, as well as possible criminal penalties.

Now, an e-cigarette trade association has sued L.A. in California federal court as the ordinance goes into effect.

According to the California Smoke & Vape Association, and in particular its member Ace Smoke Shop, the company and the association “will be irreparably harmed by the ordinance’s imminent enforcement, as they will be forced to shut down their business operations entirely.” The group is hoping to block the enforcement of the ordinance.

What Is the Trade Group’s Argument?

In L.A. County, the trade group argues, there is a $48 million nicotine vapor product industry, and businesses “now face financial ruin as a result of the ordinance.” Approximately 450 employees will be put out of work as a result, the group said, and ultimately, this may not cause vape users to stop using the products; they may go to black market sources instead.

This would also have an effect on cigarette smokers trying to use vape products to help them quit cigarettes. According to the CA Smoke & Vape Association’s lawsuit, “enforcement of the L.A. County ordinance would ban all flavored vapor products and eliminate a viable method for longtime cigarette smokers to quit the use of combustible cigarettes.”

L.A. County has recently been ramping up its efforts to fight back against e-cigarettes and vaping in recent months. In September, the Los Angeles city attorney reached a settlement agreement with two e-cigarette companies over its use of young actors and social media influencers in its advertising, and the L.A. school district filed a proposed class action lawsuit against Juul Labs in October.

The L.A. County ordinance is just one of a number of recent moves being made at a local, state, and federal level to combat the rising number of e-cigarette health issues, from vaping-related lung illnesses to e-cigarette nicotine addiction. These issues are especially prominent in young people: indeed, the U.S. Food and Drug Administration (FDA) has referred to youth vape use as an “epidemic.”

“I use the word epidemic with great care,” said former FDA Commissioner Scott Gottlieb, M.D., in a statement. “E-cigs have become an almost ubiquitous—and dangerous—trend among teens. The disturbing and accelerating trajectory of use we’re seeing in youth, and the resulting path to addiction, must end…The FDA won’t tolerate a whole generation of young people becoming addicted to nicotine as a trade off for enabling adults to have unfettered access to these same products.”

What Can I Do if My Child Is Addicted to Vaping?

If you or your child has been affected by e-cigarette nicotine addictions, vaping-related lung illnesses, or other side effects from Juul products or another e-cigarette brand, you may be able to file a lawsuit and pursue compensation.

Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

The E-Cigarette Nicotine Addictions Lawsuit is Case No. 2:20-cv-04065, in the U.S. District Court for the Central District of California.

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This article is not legal advice. It is presented
for informational purposes only.