Karina Basso  |  September 11, 2015

Category: Consumer News

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e-cig false ad e-cigarette class action lawsuitAn e-cigarette false advertisement class action lawsuit has been filed in California federal court, alleging RJ Reynolds Vapor Co. failed to warn consumers that electronic cigarettes (or e-cigs) still contain carcinogens.

According to the e-cig false ad class action lawsuit, plaintiff Jerod Harris claims that RJ Reynolds, a subsidiary of Reynolds American Inc., marketed Vuse electronic cigarettes in such a way that failed to inform consumers of the risks associated with using the e-cig product. Harris claims that by not warning consumers that by using an e-cig they are inhaling formaldehyde and acetaldehyde, known carcinogens, RJ Reynolds has violated California state consumer protection and unfair competition laws.

Many California consumers bought RJ Reynolds e-cigarettes under the belief that these products are a healthy alternative to traditional smoking cigarettes because while e-cigarette contain nicotine, they supposedly do not contain carcinogens.

“Defendant knew of this public misperception regarding the true nature of e-cigarettes, yet introduced the Products without disclosing the carcinogenic exposures resulting from ordinary use thereof,” Harris claims in his e-cigarette class action lawsuit. “Defendant continues to manufacture, distribute, and sell the Products to consumers in California while knowingly failing to disclose the presence of toxins formaldehyde and acetaldehyde in the Products.”

E-cigs, like the ones sold by RJ Reynolds, are battery-operated products that work by converting nicotine and other chemicals into aerosol for consumers to inhale. However, according to this false ad class action lawsuit, many consumers are misled to believe they are only inhaling water vapor and nicotine, not aerosol and the chemicals used to create it. Furthermore, Harris cites a study in his complaint showing that aerosol does in fact contain carcinogenic formaldehyde and acetaldehyde.

While smoking e-cigs has been on the rise thanks to alleged false marketing and advertising by RJ Reynolds and other companies, Harris claims that multiple studies show that using e-cigs pose various health risks to consumers, and compromises the safety of teens and children.

In the e-cig false ad class action lawsuit, the plaintiff claims RJ Reynolds violated California’s Unfair Competition Law and the California Consumers Legal Remedies Act by neglecting to mention the presence of carcinogenic chemicals in their e-cigarette products.

Harris has filed this e-cig false ad class action lawsuit on behalf of himself and a Class of all California consumers who, since July 1, 2013 to the present, have bought Vuse products.

This is not the only e-cigarette class action lawsuit to be filed in federal court. Shortly before Harris filed his complaint, another plaintiff filed similar allegations against Imperial Tobacco Group PLC, the manufacturer of Blu e-cigarettes, on behalf of a similarly defined Class of California consumers.

The plaintiff is represented by Mark N. Todzo, Donna F. Solen and Abigail Blodgett of Lexington Law Group, in addition to Christopher M. Burke, John Jasnoch, Kate Lv, Joseph P. Guglielmo and Erin Green Comite of Scott + Scott, Attorneys at Law LLP.

The e-cig false ad class action lawsuit is Harris v. R.J. Reynolds Vapor Co., Case No. 3:15-cv-04075, in the U.S. District Court for the Northern District of California.

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40 thoughts onRJ Reynolds sued in Vuse e-cig false ad class action lawsuit

  1. Anita says:

    I was using Vuse for 3 years when I started having “episodes”. Rapid heart rate, lightheadedness, many trips to the hospital. I quit using the Vise and have been doing better. Where do I go for a lawsuit on medical bills and reimbursement?!

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