E-cigarette manufacturers across the industry are bracing for a virtual flood of litigation in the wake of vaping health danger that’s been dubbed EVALI, or E-cigarette or VAping product use-associated Lung Injury.

According to the Centers for Disease Control (CDC), more than 1,900 e-cigarette users have developed this mysterious respiratory disease as of Oct. 30, nearly 40 of whom have died.

Although the majority of these cases involve “home brewed” or bootleg cannabis products, enough of them have been attributed to nicotine products to create serious worries for e-cigarette companies such as JUUL Labs and other players in this relatively new industry.

Legitimate Producers Caught Up in Litigation Wave

As plaintiffs have started filing vaping health lawsuits across the country and “bellwether” cases are selected for trial, none of the complaints have cited a specific ingredient in vape oils as being the cause of EVALI.

The CDC has determined that bootleg cannabis pods (at least ones that have been marketed as containing THC) have played a “major role in the outbreak.” These black market products, sold through street dealers and unlicensed sellers online in states where cannabis remains illegal, have provided an inexpensive alternative to the high-grade THC or CBD vape available in licensed marijuana stores in states such as Oregon, Washington and Colorado.

Nonetheless, the CDC has not ruled out any type of vape oil, legitimate or not. The agency has announced that as the number of victims continues to grow, it is becoming “more difficult to determine the cause of this outbreak” – and is advising consumers to stop vaping altogether. As a result, many legitimate, licensed manufacturers of e-cigarette products are being targeted in lawsuits.

Exact Cause of Vaping Health Danger Still Unknown

Medical scientists are still unable to pinpoint exactly what is causing e-cigarette users to develop EVALI. Most cases present indications similar to pneumonia, but patients have exhibited a range of symptoms that include nausea, vomiting, fever and fatigue. Some victims developed the disease over an an extended period, while others became ill in only a few days. Medical scans show spots on the lungs, but there are no signs of bacterial infection; however, the damage in many cases bears similarities to those caused by toxic chemical fumes.

Other patients have been found with oily lipid coatings on the inner surfaces of their lungs – which has been attributed to the use of vitamin E acetate in mixing illegal THC vape products.

However, not all THC vape samples that have been tested contain vitamin E acetate. According to an analysis published in the New England Journal of Medicine, the different pathologies observed in medical images of EVALI victims suggest numerous ways in which the lungs sustain damage.

One Vape Company Responds

Just CBD, a manufacturer of cannabidiol vape that has been named as a defendant by a St. Croix woman who lost both legs because of vaping health complications, says it has sold “hundreds of thousands of cartridges,” but has never heard of any cases like that of the plaintiff. In a media statement, Just CBD said, “The company does not believe…that there will be any evidence that its product could cause such an injury.” They have provided a list of ingredients used to make the product used by the plaintiff, which they claim are all legal and proven to be safe for human consumption.

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