E-Cigarette Explosions Prompt a Legal Response

An epidemic of e-cigarette explosions has left smokers and the people near them concerned for their safety.

Use of e-cigarettes has skyrocketed over the past few years. Aficionados say they enjoy e-cigarettes as a novel alternative to smoking tobacco.

And some smokers of traditional cigarettes report that using e-cigarettes has helped them reduce or eliminate their tobacco consumption.

But over the past few years, reports of exploding e-cigarettes have emerged from all over the U.S.

E-cigarette explosions tend to happen while the devices are very close to a person’s body – either in their pocket or right next to their face. Some e-cigarette explosions allegedly projected outward, burning other people nearby.

• In Florida, an e-cigarette exploded on a Universal Studios amusement park ride, burning a nearby 14-year-old girl.
• In Arizona, a man’s e-cigarette exploded while he was driving and talking on his phone, burning his lower body.
• In California, a man’s e-cigarette exploded in his mouth. The explosion took off half of his finger and mutilated his tongue, leaving him with a speech impediment.

Aggravating the problem is the fact that some e-cigarettes come with little or no product information in the way of instructions or warnings.

One victim says the product didn’t even come with any packaging, let alone a warning label. There was also no warning on the battery itself, he says, and the staff at the shop where he bought it told him all he needed to do was to charge it up.

His e-cigarette later exploded in his pocket while he was out shopping.

Advocates Contemplate Legal Solutions

Some consumer advocates say enhanced governmental regulations could curb this epidemic of e-cigarette explosions.

The Food and Drug Administration has responded to the issue by promulgating new rules governing certain e-cigarette components. But those rules don’t apply to every type of battery used in these devices.

Reports of explosions aboard commercial airliners have prompted the Federal Aviation Administration to issue new restrictions on how passengers may transport them. Since 2009, the FAA has documented 22 instances of exploding e-cigarettes aboard airplanes, 18 of which happened within the last two years.

The FAA has since banned travelers from packing e-cigarettes in their checked bags and from charging them while on the plane. Travelers are now allowed to carry e-cigarettes in their carry-on bags, though using them while on board is prohibited.

What Causes E-Cigarette Explosions?

The problem behind e-cigarette explosions appears to originate in their batteries. E-cigarettes place a large demand on their rechargeable batteries, requiring them to pack a lot of energy into a small space.

Cheaper batteries lack certain technical features that could prevent overheating and explosions. Experts say the risk of explosion can be mitigated through simple technical fixes – fixes that some manufacturers apparently can’t be bothered to implement.

Holding e-cigarette manufacturers accountable for dangerous design flaws can be tricky. Many manufacturers are overseas, so waging a successful e-cigarette lawsuit against them can be difficult – but not impossible. A consultation with a knowledgeable e-cigarette attorney can give victims an idea of what their legal rights and options are.