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

  1. Brandon H says:

    I was using views products for about 2 years. One thing that always really irritated me about them was the inconsistency of their product majority of the time when I would buy a pack of pods I would have to go back into the store and get them exchanged because of the dark color which I had come to learn was something due to an exposure of oxygen or slightly burnt product. The first time that I got one that was very dark brown almost alarming to be honest but that’s when I had just first started using their products. Not only did it taste disgusting every inhale would practically Take My Breath Away and leave me in a coughing fit. After speaking about half of that one I ended up contacting the company after I started having weird pains going through my chest. They told me that I should discard of anyone’s that are not a honey like color. Well out of all the pods that I bought up until that point I would say that there was probably only one or two of them that were even honey colored. I find that with the type of nicotine that is used within it they call it salt nicotine I believe the potency is so high that nearly impossible to quit smoking it. There’s no way to wean yourself off slowly cuz they only have 0% 2.4% and 5%. Which is like saying 24 mg to 50 mg because that’s nearly the equivalence. Back when E-liquid was sold by the nicotine milligram a 24 was like the highest you could possibly buy, now that’s the lowest possible % you can get with the vuse pods. The nicotine percentage should also have its own class action lawsuit against it for false advertising in that manner since the salt nicotine is so much more potent and it puts the user under a false pretext of what exactly their smoking. Because prior everyone was using in between 2 mg to 24 mg so when we see 2.4% I’m thinking 2.4 mg but in actuality it’s 24 mg which is ridiculously high. And then the 5% is so much higher than what was even legally allowable back when E-liquid was widely available. I have contacted the company many times and the only thing that they ever do is send me a coupon like 6 to 8 weeks after I’ve contacted them for like a buy one get one free. I contacted them probably almost 2 or 3 months ago and I have yet to see my coupon for that. But I can care less about to keep on honestly I have stopped using vuse because of chest pains and when the liquid gets into your mouth it can make your mouth have temporary numb spots

    1. Brandon H says:

      How do I edit

  2. Raymond B. says:

    I been using vise for over 5 years n every now and again I have to take a deep involuntary breathe, likey body is saying it need more oxygen. I always get random chest pains n I always need this thing next to me in my mouth. I think it’s doing major damage went to doctor’s I’m fine but I know my breathing is off I can tell. Something is up

  3. Patrick says:

    I have had breathing problems ever since I quit my serious addiction to Vuse solo regular flavor. I used them from 2014 to Feb 2017
    The advertising on tv over and over got me to try them and I got hooked. I have had breathing problems ever since. Very depressing problem. They should pay for damages those rotten people at RJ Reynolds

  4. Patrick Obrien says:

    Hi all,
    I started using Vuse because on tv there were commercials about every 15 minutes and it seemed like a good way to stop smoking a pack per week of cigarettes. I smoked Vuse from about 2013 to 2015 and i noticed a slight pain in my chest when inhaling so I quit. That pain never went away and I have breathing problems to this day 3/27/2021. I have been to doctors about breathing problems and they tell me I am ok even after xrays. They give me an inhaler to use and call it ashmatic. It has been getting worse and worse and now I am completely out of breath just trying to walk a bit faster. I am going to try other doctors and pulmonologists. I have read that these e cigs can permanently shrink your lung airways. This has really hurt my whole life in general!

  5. Laura Nagel says:

    I am leaving a reply here out of principle. I recently purchased my first Vuse Alto e-cigarette. It came charged. As soon as the battery died, the e-cigarette would not recharge. Not understanding if it was a faulty product or charge, I purchased another set. The exact same thing happened. Works until it dies and will not recharge.

    I called RJ Reynolds today and was told they would send me a coupon (Buy one, Get one free). I explained to the representative that I didn’t want to spend any more money om faulty products and wanted my money back for the two I purchased that didn’t work. She said that is not their policy. I am livid. What kind of company gets away with selling products that are defective and does not stand by them. Is this a scam? Here is an addictive product that most consumers will continue to purchase so let’s give them defective items and have them continue to buy more with our coupons. I bet there are thousands of similar cases.

  6. Joe in Philly says:

    Please stop using all Vuse products right away. After many failed attempts at quitting cigarettes I met a Vuse Sales Rep in 7-11 who gave me this pen. I quit cigarettes in November of 2014 and began using Vuse Menthol Solo cartridges to begin to ween my way off cigarettes.

    What happened was the entire opposite. For the last 6yrs I have been more addicted to the cartridges more then anything on earth. I lost all interest in any and everything and this pen has been in my mouth for 18-19hrs per day (2-3 carts per day).

    I started to experience chest pains in December 2019 ans went to my doc. We did cholesterol tests to see how my heart was doing (assuming that was the issue). Due to Covid, the follow up scans to see if cholesterol changed were delayed until September 2020 when the chest pains felt a little worse. Tests complete/ my cholesterol is fine. fF to 2 weeks ago I was hospitalized with major chest pains and shortness of breath. Heart. Bones. Blood (no clots). Everything is 100% fine. The issue is my LUNGS. I have what doctors are calling an EVALI – a lung injury due to these pens. I do not “vape”. I only smoke Vuse solo pens. Purchased from either Wawa or 7-11 in Pennsylvania.

    STAY AWAY FROM ALL VAPES ESPECIALLY VUSE PRODUCTS. I am 37yrs old. In great shape and health until these pens. I was never more addicted to anything else in my life – cigarettes did not offer this level of nicotine and unfortunately there are poisons in this product that do not mesh with the human lungs. Please do yourself and your family a favor and stop them now. I don’t wish this chest pain, lack of breathing any anyone. Please pray for me.

  7. Angel says:

    Wow. Reading these comment, now I get what’s happening to me. High blood pressure, major hair loss, mood swings, chest pain, depression, and anxiety over not having it in me at all times. F this. I’m pissed. I stopped smoking g cigarettes and now I’m dealing with this crap.

  8. Susan C Stanko says:

    I have been using Vuse since stopping my cigarette habit three years ago. I feel the product is not
    consistent in its delivery. The cartridges are quite expensive in this state & more than a handful of times
    the cartridges were defective in the respect that they did not work at all. I have become reliant on these
    despite the cost & I feel I should be compensated as these are not reliable. I have saved most of my
    used cartridges since they are so unreliable I was hoping for a class action law investigation.

    1. Jake says:

      I am having the same issue with them, extremely expensive and unreliable. Also they made their products with abnormally high nicotine levels to keep us addicted.

    2. Dani says:

      Did your hair grow back after you discontinued use? I to am experiencing similar issues I am a female and I thought I was going crazy then realized it must be these vuse e cigs because of the time line.

  9. Jake says:

    While I can’t “confirm” it, I have lost 80-90% of my hair exactly one year after using Vuse Solo instead of regular Cig. Not normal hair loss.. The hair was lost in a matter of 3 months, handfuls at a time. I thought I was doing myself a service by quitting and switching to the eCig.. boy was I wrong! After several, several tests and several thousand dollars later with doctor.. they found nothing wrong. Thyroid fine, blood work fine.. Ecig was the only thing left I could blame it on. My nicotine intake increased about 5 fold when switching to ecig and quitting it has been 20 times harder than regular cigs were. If you came here then you obviously suspect you are having a problem or know somebody that is, I urge you to stop using it ASAP! Nobody should have to deal with sudden and severe hair loss, man or woman. And if it can do that to my body that quick.. imagine what else it’s doing.

    1. J.T. says:

      Jake, did your hair grow back after you quit? I noticed 50-60% hair loss over the last 2 years and I’m too old to start losing hair. Complete physical check up and everything came back healthy. Hair loss is evenly distributed and isn’t the usual front and top.

  10. Sandra Sullivan says:

    I just started on these….i can’t stop. If i misplace it I go crazy looking for it. Always have a spare charging and smoke way more then if i was smoking a regular cig. I just would like to know the warnings and truth about what these could do to your health, so people could make their own choice. I have also experienced the burnt taste in the refills. I can relate to what everyone is talking about except the leaking. I have never had any liquid come out of mine.

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