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A proposed class action lawsuit was filed last Tuesday against ITG Brands LLC, Fontem US Inc., LOEC INC and Reynolds American Inc. These companies are responsible for the manufacture, distribution and sale of Blu Electronic Cigarettes.
Plaintiff Michael J. Whitney has brought a proposed class action lawsuit against the e-cigarette brand for allegedly exposing consumers to significant amounts of formaldehyde, a substance known to cause cancer. Whitney claims that the companies did not warn consumers about this risk and did not disclose the formaldehyde in the product packaging.
In the state of California, Prop 65 requires companies to warn consumers regarding any exposure to harmful chemicals. Whitney alleges in the class action lawsuit that the makers of the Blu e-cigs have violated this and other applicable laws.
Blu brand electronic cigarettes and other e-cigarettes are marketed implicitly and sometimes more directly as being a safer alternative to traditional cigarettes. Currently, according to the court documents, e-cigarettes are not highly regulated like tobacco cigarettes but there are toxic chemicals in the aerosol that users inhale, including formaldehyde. Independent testing verified the presence of formaldehyde specifically in the Blu products.
Whitney alleges the company misrepresents their products in their packaging by both the information they include and omit in a way that would deceive a reasonable consumer. The Blu packages and advertisements proclaim:
• “No Tobacco Smoke, Only Vapor”
• “With no ash, no odor, and an unmistakably rich taste, Blu is everything you enjoy about smoking without the things you hate.”
• “Blu produces no smoke and no ask, only vapor, making it the smarter alternative to regular cigarettes.”
• “Blu is the smart choice for smokers wanting a change.”
On behalf of himself and the proposed Class, Whitney brings forth three counts against the defendants. He alleges that the companies violated California’s Unfair Competition Law, based on deceptive practices for one count and based on unfair acts and practices for the second count, as well as violation of the California Consumers Legal Remedies Act.
According to the Blu e-cig class action lawsuit, Whitney believes that the companies knew that the Blu electronic cigarettes contained dangerous, carcinogenic chemicals or showed reckless behavior in not knowing the content of their product. He has requested certification of a proposed Class of individuals who have purchased Blu e-cigs from September 2011 to the present. While the exact number of potential Class Members is not known, it is estimated to be in the thousands.
The remedies sought by Whitney include requiring the defendant to be financially responsible for notifying Class Members of the class action lawsuit, restitution, restitutionary disgorgement for the members of the Class, requiring Defendants to place accurate warnings on their packaging, injunctive relief, statutory and punitive damages as well as awarding the plaintiff for the cost of the lawsuit.
Whitney is represented by Mark N. Todzo and Abigail Blodgett of Lexington Law Group, and Christopher M. Burke of Scott & Scott LLP.
The Blu E-Cigarettes Formaldehyde Class Action Lawsuit is Whitney v. ITG Brands LLC, et al., Case No. 3:15-cv-04003, in the U.S. District Court for the Northern District of California, San Francisco Division.
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51 thoughts onClass Action Lawsuit Filed over Blu E-Cigs Formaldehyde Content
I had suffered from seizures from the blu e-cigarette in March 2019 and i am steal dealing with this medical issue now. i was completely healthy before now. Im looking for a private attorney to file a lawsuit against the company.
I used Blu from 1/31/13 to April 08,2014. I have had bought of bronchitis that I needed an inhaler & prescribed steroids to heal my lungs. I also STILL suffer from bouts of a shaking attack. My whole body shakes, I have no control of how long it lasts or when it will happen. It’s caused me to have to sit while at work because I’m a Phlebotomist and I can’t do my job while having one of these attacks. I didn’t have these episodes before using e-ciggerettes. But I have had them since using Blu e-ciggerettes and still do.
Does anyone else complain of these shaking attacks that used Blu e-ciggerettes?
Yes me and bouts of light headedness
Dang.. That is so messed up.
I hope you are doing ok. As for your inhaler, call the pharma company that makes it. Ask if they have a patient advocate for reduced cost medicine. Best to us all.
July, 15,2019 Been doing some research on Blu, e-cigs in general.
I’ve used it for maybe a year. Having some issues with my lungs..
They didn’t tell us we could get metal in our lungs (pending X-ray) & or a incurable disease called :
Popcorn Lung.
I would also like to join the lawsuit. People have to hear this.. My people will know!!
Where do i sign on to this suit?
Have gum issues from using blu ecigs.
After a couple years poofing BLU ecigs I ended up in ER bc I couldn’t breathe. Now I have emphazema & may lose my left lung. I have to use albuterol inhaler now at $300 a month.
Dang.. That is so messed up.
I hope you are doing ok. As for your inhaler, call the pharma company that makes it. Ask if they have a patient advocate for reduced cost medicine. Best to us all.
I tried using BLU vaping e-cig to quit smoking in 2014. Later, in 2005, I had half of my right lung removed and the surgeons couldn’t tell me why that happened.
One doctor, who said that he “never ever” told me “this” about cigarettes. He said to quit smoking cigarettes, but he said in his opinion, cigarettes are safer (NOT by much at all) than e-cigs. BUT he stressed that while cigarettes may be safer (they can’t blow up when charging because cigarettes need a lighter, not batteries), this doctor said to certainly stop smoking ANYTHING: e-cigs, cigarettes, and pot.
It’s funny that smoking a cigarette is safer than vaping now. I have quit smoking anything and I find myself with more energy and stamina, even with missing half of my right lung.
I ended up I the hospital from severe high levels of nicotine in one of the blu cartridges I used.
I used boy ecigs. Please forward me a claim form
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
How do I sign up for the lawsuit?
I use blu as well
I have been using Blu ecigs since they first came to the store. I thought that they were safe. I have noticed that my breathing is not as good. They should have listed all the ingredients on the package, to give the consumer the choice to see if they want to use formaldehyde or not.
I have been using Blu since 2012 or 2013. Noticed some side effects. How do I join lawsuit?