Calif. Smoker Files E-Cig Class Action Lawsuit Against Fumizer

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A California electronic cigarette consumer has filed a misrepresentation class action lawsuit against Fumizer LLC alleging the company made false claims that their vaporizing e-cigarettes can aid smokers in quitting cigarettes, while neglecting to inform consumers of other health risks.

The e-cig class action lawsuit was filed by Joseph Sheppard, a California resident and e-cigarette consumer. The plaintiff alleges that he bought a Fumizer brand electronic cigarette under the assumption that “Fumizer’s products did not carry danger or risk like traditional cigarettes do and was safe to use.” Sheppard further alleges that company falsely represents itself in its marketing and packaging materials.

According to the misrepresentation class action lawsuit, Sheppard claims that the manual provided with his Fumizer e-cigarette claims the e-cigs “help you quit smoking,” contradicting Fumizer’s marketing disclaimers that Fumizer’s e-cigs are “neither intended nor marked as a quit smoking aid.” Sheppard argues that the marketing disclaimers were done solely to comply with U.S. Food and Drug Administration (FDA) regulations and that the Fumizer’s representation of their e-cigarette products are contradictory, hypocritical, and misleading.

The E-cig misrepresentation class action lawsuit also alleges Fumizer knowingly and purposefully misled their consumers by referring to e-cigarettes promoting healthy smoking, while completely ignoring research studies regarding the risks of e-cigarettes.

While different from traditional tobacco products, e-cigarettes still contain carcinogens and toxins, albeit in smaller quantities, and contain harmful chemicals not found in regular cigarettes, which can cause throat irritation and coughing. Sheppard further alleges that Fumizer failed to list their product’s chemical ingredients. The plaintiff claims the lack of this information prevented him and other consumers from deciding whether they want to take the risk of inhaling these chemicals, especially considering Fumizer’s products contain propylene glycol, a chemical no longer used by other e-cigarette companies because of the reports of throat and lung irritation.

The e-cigarette misrepresentation class action lawsuit claims:

“There is widespread agreement in the scientific community that further research is necessary before the full negative effects of electronic cigarette use on users’ health can be known and that until then, manufacturers, sellers and distributors of electronic cigarettes should not make any representations relating to the safety, health or benefits, if any, of electronic cigarettes[.]”

Sheppard’s e-cigarette misrepresentation class action lawsuit claims that Fumizer violated California’s Consumer Legal Remedies Act, practices unfair competition, deceptive advertising, and has breached the express warranty of their product.

Joseph Sheppard is not the only consumer waging a legal battle against e-cigarette manufacturers and distributors. Last month, Utah regulators issued three separate online e-cigarette retailers over a hundred citations for making claims that e-cigarettes are a healthier form of smoking to increase sales. These retailers now face $1.1 million in fines for their alleged false advertising and misrepresentation.

Additionally, attorney generals in over two dozen states are urging the FDA to enact stronger regulations on e-cigarette marketing.

Joseph Sheppard is represented by John P. Bisnar, Brian D. Chase and Jerusalem F. Beligan of Bisnar Chase LLP, Timothy D. Cohelan, Isam C. Khoury and Michael D. Singer of Cohelan Khoury & Singer, Michael P. Sousa of Law Offices of Michael P. Sousa APC and Frederick W. Gaston of Gaston & Gaston.

The E-Cig Misrepresentation Class Action Lawsuit is Joseph Sheppard v. Fumizer LLC, Case No. BC558408, in the Superior Court of California, County of Los Angeles.