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An 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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41 thoughts onRJ Reynolds sued in Vuse e-cig false ad class action lawsuit
I have had similar issues, Danny. Just now one actually leaked into my mouth & burned so badly I came to my computer to research it!!!
This is scary!
I quit!
I have wasted so much money on these things. I tried them when they first came out. I bought a kit and refill pack. The cartridge that came with the kit was not bad, I actually enjoyed it. When it came time to use a cartridge from the refill pack it immediately tasted burnt from the first puff. I was like oh I got a bad one so I popped the second cartridge out of the refill pack on my battery and wow it was burnt too. Well guess I got a bad refill pack this time. I needed my nicotine fix so I went and bought another refill pack from the same gas station I purchased from before. Popped a cartridge on my battery and burnt, took the second one out and yep burnt. I took it back to the store but they told me to contact Vuse. I went to another gas station thinking that previous store just got a bad batch. Nope the third refill pack from a different store was also burnt. So I bought a blu just so I would have something to vape. I was on a business trip and lost my blu, it had been a couple months since I first tried Vuse so I gave them another shot. I bought the kit and a refill pack. The cartridge that came with the battery was good, I enjoyed it. Time came to go to the refill pack and it was yet again burnt, all burnt taste from the first puff. Not happy I contacted Vuse, I still had the cartridges from before as well so they said we will send a coupon. I got the coupon and a mailer to send the bad cartridges back. I sent the bad ones back to them and used the coupon to get one refill pack. That is all they sent after I had several bad ones. Well the refill pack I got was of course burnt. It has been close to a year and I have not touched these things again. Guess what I did a couple days ago, I bought another Vuse kit. I kind of forgot about the problems I had with the refill packs, I remembered that first cartridge you get with the kit and how I enjoyed it. Well it has been so long surely the problem was fixed right. First cartridge was good again, the refill pack both cartridges were giving pure burnt flavor then I remembered my prior issues. Stupid me went and just bought another refill pack and yes my friends they are burnt as well. So what is so different about the cartridge in the kit from the refill packs? Seems like the refill packs are a scam and at this point I just want to sue RJ Reynolds to get my money back. Vaping from the burnt cartridges are very harsh and burn the throat where the cartridge that came with the kit had no burnt flavor and did not burn my throat. So you know whatever these things are burning in the cartridge should not be inhaled at all. Stay away from these things and good luck to all in this fight.
Well that’s funny because I noticed the products decline as in literally 95% if all vuse related products have liquid oozing out before you even inhale. I’m not exaggerating when I say I’ve Made almost 6 or seven gas stations in my area aware of this simply because I went in to try to buy the older cartridges by looking for the bull’s-eye design, then the person actually wants to know what I’m looking for, one thing leads to another, and they’re interested . So then I basically get permission to take a look at quite a few of the batteries as I’m about to buy yet another and all the ones with the bull’s-eye design on the cartridge, have leaks menthol and original which means the liquid is now in the battery and any cartridge you put on the battery is going to cause serious health problems also all of the new cartridges with the bull’s-eye are absolutely guaranteed to make you really sick also the new batteries the ring on the top slips out every now and then but you’ll never know until you inhale and are in for a very painful surprise of burning lungs and at least a week of burned esophagus causing food digestion to be affected negatively and I don’t know what else is going to happen to me but I’m just saying it’s been 10 days since I stopped and it’s actually getting worse and my throat doesn’t hurt but my voice is definitely horse and every meal I eat even drink I get gas in my esophagus and then I get nauseous because I can’t digest food because there’s no lining left in my trachea. But they are like SHOCKINGLY open to send out free coupons Asap. Like I told them mywife toss the coupons in the trash thought it was junk mail-because it was true-and he laughed and said OK I’ll send you more not to mention I called two weeks in a row not to get extra ones the second time, just because I was literally asking what was going on with this stuff because I have almost 15 batteries of acquired and I can’t even find a single one in my city that isn’t already using liquid and I know any cartridge up buying any flavor in any gas station near me will absolutely be one of the dangerous ones because they have now cycled out all the old versions FYI one guy on the phone did slip up and say they do have a gin to version of the new cartridges and added that the lip in the new cartridges that I thought was a glitch, is actually supposed to increase airflow. I call bullshit
And guess what the response was to this? MORE COUPONS!!! Yay!!! If it’s free it doesn’t matter if it burns my internal organs well causing severe brain damage kidney failure and heart attack melanoma and circulatory collapse always in a year right?! FYI legally protected myself that has not happened to me I’m just using that as a sarcastic example of how we are not sure is the result of these malfunctions. And one more thing I know some of you out there or wondering “or what is this guys deal, why doesn’t he just stop using it but instead he uses it and just complains “well the answer to that is because I am now completely addicted to nicotine and I’ve quit smoking cigarettes before this is way harder this is like a psychological and physical addiction like a drug would be where as cigarettes felt like this sucks I’m so antsy and irritable and I just… Want one so bad. Quitting vuse is like what I guess coming off of an antidepressant without a doctor would be like but instead of sadness it’s just weirdly uncomfortable and hard to describe but I’m sure someone out there knows exactly what the hell I’m talking about
I’m in Texas. I have been using vuse. I have had leaky cartridges. Can I get in on this claim!
Mad as #%!! Ready to take legal action:-( PLEASE STOP VAPING!!! I MEANT HYPERTHYROIDISM
I think I might have hypothyroidism due to Vuse e-cigs. I quit vaping in November 2015 and still exhibiting symptoms of hypothyroidism. Went to doctor recently waiting on test results. Thinning hair, SOB, irratibility, sweating, heart palpitations, weight loss, itching and hives, vision changes, nervousness, fatigue, tremors/ shakiness. Mad as #%!! Ready to take legal action:-( PLEASE STOP VAPING!!!
I live in Wisconsin and wld like to join the lawsuit also
Tim, were you at the KC plant?
Shame to say that I work and manufacture the VUSE ecigs!! That’s why our whole company just got laid off Friday! We got bought out and because the company LIED. I’m so ashamed.
We’re you at the KC location? My husband just found out today that he’s not returning either. He was at the Shawnee location
Well that’s funny because I noticed the products decline as in literally 95% if all vuse related products have liquid oozing out before you even inhale. I’m not exaggerating when I say I’ve Made almost 6 or seven gas stations in my area aware of this simply because I went in to try to buy the older cartridges by looking for the bull’s-eye design, then the person actually wants to know what I’m looking for, one thing leads to another, and they’re interested . So then I basically get permission to take a look at quite a few of the batteries as I’m about to buy yet another and all the ones with the bull’s-eye design on the cartridge, have leaks menthol and original which means the liquid is now in the battery and any cartridge you put on the battery is going to cause serious health problems also all of the new cartridges with the bull’s-eye are absolutely guaranteed to make you really sick also the new batteries the ring on the top slips out every now and then but you’ll never know until you inhale and are in for a very painful surprise of burning lungs and at least a week of burned esophagus causing food digestion to be affected negatively and I don’t know what else is going to happen to me but I’m just saying it’s been 10 days since I stopped and it’s actually getting worse and my throat doesn’t hurt but my voice is definitely horse and every meal I eat even drink I get gas in my esophagus and then I get nauseous because I can’t digest food because there’s no whining left in my trachea
Lining not whinning