Claims about possible dangers and high addiction rates for e-cigarettes have dominated the agendas for the news outlets and government agencies in recent months. Hundreds of people came down with vaping-related illnesses over the past year with some of the most serious issues requiring hospitalization.

Some consumers believe that e-cigarette addiction rates are most dangerous for young teens, especially since the levels of nicotine inside certain vape pods are extremely high. Although makers of these products claim that the most common users are people looking to switch from regular cigarettes, the high levels of nicotine could damage developing brains and lead to e-cigarette addiction.

A new lawsuit brings an additional concern to light about the marketing practices of vaping pod and pen makers. The lawsuit argues that the Myle company is responsible for manufacturing, advertising, and selling vape products that were not appropriately registered with the FDA.

According to the lawsuit, the company’s efforts in e-cigarette marketing means that the products are misbranded or adulterated under the federal Food, Drug and Cosmetic Act.

The consumer who brought this e-cigarette marketing lawsuit alleges that he purchased e-liquid pods from Myle even though the company had not gotten the right authorization from the FDA prior to bringing those to market.

The consumer brought the lawsuit on behalf of the public through D.C.’s Consumer Protection Procedures Act.

This isn’t the first time that Myle Vape Inc. has been accused of illegal marketing practices, either. In 2018, the company received a notice from the FDA concerning possible violations and misleading actions.

At that time, the FDA asked for verification that the products were available on the market before a compliance policy became active in August of 2016. When that rule went into effect, makers of tobacco products had up to two years to submit proper marketing applications for prior products.

Under that same rule, new tobacco products already for sale were allowed to stay on the market. The consumer who initiated the lawsuit over Myle’s e-cigarette marketing practices says that he bought two pods from the company in November 2019 and later learned that the company might have failed to get proper authorization in advance.

According to the legal claim, this issue is an unfair trade practice because the company has not listed information about the market approval on their branding or packaging. The consumer who filed the suit says that Myle was well aware of the authorization issue when the products were still on shelves because of the FDA’s notification in 2018.

The lawsuit is seeking attorney fees, costs, punitive and individual damages, and an injunction against Myle selling and producing the products.

Many of the most popular e-cigarette products have been heavily marketed by their manufacturers. Some makers have even been accused of aggressively promoting the products to a younger audience as well.

The E-Cigarette Marketing Lawsuit is Case No. 2019 CA 008050 B in the Superior Court of the District of Columbia.

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