Quick Facts
- By working with an experienced lawyer, victims may be able to receive compensation.
- Victims of vaping can file a personal injury, class-action, or wrongful death lawsuit.
- Most vaping lawsuits are settled out of court. Only a few go to trial.
- Some battery explosion lawsuits have awarded millions of dollars to victims.
Full Answer
How does a lawsuit become a class action?
A lawsuit becomes a class action through a process called class certification. To obtain certification, the court must find that: The named plaintiffs -- called the class representatives -- have the same claims and defenses as the others in the class; and. The class action lawyer and representative (s) will fairly represent the class.
Should I file a class action lawsuit?
When to File a Class Action Lawsuit. Certain situations are more likely to qualify for class action suits than others. As such, you may want to consider a class action lawsuit if you have experienced any of the following: A defective product injury; Health problems after taking prescription medication or using a medical device
What is a class action law suit?
A class-action lawsuit is a civil lawsuit brought on behalf of a group of people or business entities who have suffered common injuries as a result of the defendants’ conduct, with at least one individual or entity acting as a representative of that group. While the issues of a class action can vary, the issues in dispute are common to all ...
What are Class Act lawsuits?
Class action lawsuits are legal remedies brought on behalf of individuals or entities who have suffered injuries of a physical or financial nature from defendants who are usually companies or business entities.
Can you sue vaping companies?
People who have been diagnosed with addiction, seizures, severe lung conditions or strokes after vaping may be able to file a product liability lawsuit against the company that made the e-cigarette they used. If you are considering a lawsuit, you should preserve the e-cigarette device as well as any vaping fluids.
Can you sue for vape exploding?
These exploding batteries can cause serious injuries. Many consumers have filed lawsuits against the manufacturers and sellers of e-cigarettes or vape pens for this reason. If you or someone you know has sustained injuries caused by electronic cigarette battery or vape device explosions, you can pursue legal action.
How much are people getting for Juul lawsuit?
E-cigarette maker Juul will pay $438.5 million to 34 states and territories in a settlement following a two-year investigation into the company's marketing and sales practices, according to announcements from several states on Tuesday.
Is there a class action suit against Juul?
The FDA has issued an administrative stay on the order it issued last month for Juul to pull its electronic cigarettes from the market.
What happens when a vape explodes?
Vape battery explosions can cause injuries ranging from broken bones to lost teeth to blindness. A 2017 Federal Emergency Management Agency (FEMA) report stated that battery explosion injuries are often severe because the batteries are usually close to the user's body, especially the face.
How do you know if a vape will explode?
If an atomizer draws more current than a battery can safely provide, and there is no electronic cutoff in the device, the battery can overheat and go into thermal runaway. That can cause a fire, or—if the battery can't easily vent the heat—an explosion.
Who gets Juul settlement?
In April 2022, Juul agreed to a $22.5 million settlement with Washington state, settling claims that Juul marketed to minors and lied about the addictive nature of the product and agreeing to implement a secret shopper program to police whether retailers are prohibiting minors from buying its products.
What states are part of the Juul settlement?
The money will be paid out directly to 34 states and territories, including Wyoming, Utah, Idaho, Montana and Nevada. Colorado and New Mexico weren't part of the settlement, but have their own suits pending. More than 2 million middle and high schoolers in the U.S. used e-cigarettes last year.
What states are involved in the Juul lawsuit?
Juul previously settled lawsuits in Arizona, Louisiana, North Carolina and Washington. The settlement total amounts to about 25% of Juul's U.S. sales of $1.9 billion last year. Tong said it was an “agreement in principle,” meaning the states will be finalizing the settlement documents over the next several weeks.
Can you sue Juul for being addicted?
Can I File a Lawsuit Against Juul for a Nicotine Addiction? Under our legal system, you can file a lawsuit against pretty much any person or business – Juul included. However, suing Juul for a nicotine addiction isn't likely to get much traction in court, nor is it likely to result in much compensation.
Why is the FDA banning Juul?
In 2009, the FDA attempted to stop imports of e-cigarettes on the grounds that they were unapproved drug delivery devices that required pre-approval, registration, and listing with the regulatory agency.
How do I stop vaping?
Quitting vaping? Here are 5 tips for handling nicotine withdrawalExercise. Physical activity is a reliable way to crush a craving, according to Hays. ... Use a distraction. Cravings will pass, if you can give them a minute or two. ... Set up your environment for success. ... Find stress solutions. ... Celebrate your accomplishments.
Can you get compensation for Juul?
You may be entitled to significant financial compensation if you or a loved one has suffered lung damage, lung disease, or any other health problems due to vaping with JUUL or another type of e-cigarette.
Did the FDA ban Juul?
FDA issues marketing denial orders (MDOs) for all Juul products based on lack of data in its PMTA, banning their sale and distribution in the U.S.
Are Juul pods banned?
After the Food and Drug Administration banned Juul's vaping devices and flavored pods, the company asked a federal court to extend a hold on the ban. The FDA's ban on Juul products is part of the agency's efforts to regulate the multibillion-dollar vaping industry.
Who is Juul's CEO?
K.C. Crosthwaite (Sep 2019–)Juul / CEO
What is class action lawsuit?
In a class-action lawsuit, a group of plaintiffs who were wronged in a similar way join together and file one suit.
When were battery lawsuits filed?
The first battery injury lawsuits were filed around 2015. Because they are so new — and because each lawsuit is different — it can be difficult to estimate how much compensation you may receive.
Is diacetyl a vape?
Diacetyl — a chemical used to give vape products different flavors — may be dangerous if it is inhaled through vaping.
How many personal injury cases are settled out of court?
Around 95% of personal injury lawsuits are settled out of court. The rest go to trial. An experienced lawyer can help you determine which option will be best in your case.
Can you get compensation for vape battery explosion?
Today, those who have been harmed by a vape battery explosion may also be entitled to compensation.
Can vapes cause harm?
As vape products continue to cause harm, users have begun filing lawsuits against major companies, manufacturers, and distributors. In these lawsuits, victims are seeking financial compensation for their injuries or illnesses.
Can vaping cause strokes?
In addition, scientists are studying how nicotine levels in vape products may cause nicotine poisoning, seizures, and strokes. These health issues can be deadly and will likely be the basis for additional lawsuits.
When did the FDA stop vaping?
In October 2019 , the FDA warned the public to stop using THC vape products, as well as any vaping products off the street, after more than 2,000 reports of lung injuries and 42 deaths nationwide.
How many people died from vaping in 2019?
As of December 10, 2019, a total of 2,409 people have been hospitalized with lung injuries related to vaping in all 50 states, including 52 people who died, according to the CDC.
How many people have died from e-cigarettes?
E-cigarettes (or vapes) are linked to an outbreak of lung disease that has killed at least 52 people and injured over 2,400 other victims. Exploding vape batteries have also injured and killed several people.
Why are class actions important?
Class actions are useful when a large number of people purchase a defective product, but they can have disadvantages for people with severe injuries. Members of class actions often must accept higher attorneys’ fees or a “low-ball settlement.”
Is there a class action lawsuit against e-cigarettes?
Class action lawsuits have already been filed against several e-cigarette manufacturers . In February 2014, NJOY was hit with a class action in California, according to Courthouse News. This lawsuit is not seeking compensation for people with injuries. Instead, it is seeking compensation for everyone who bought this product based on misleading advertising.
Can I Join a Class Action?
The Schmidt Firm, PLLC is nationally recognized as a class action law firm, but our Product Liability Litigation Group is not filing an e-cigarette class action. Instead, we are filing individual lawsuits on behalf of people who were seriously injured by lung diseases or exploding batteries.
Why File a Vape Lawsuit?
Current research has found that vapes and e-cigarettes may cause severe health risks, including death, lung injuries, seizures, and strokes.
Why are vapes banned?
There are many reasons for these bans — such as lack of regulation, misleading marketing, and irrefutable health risks — but among the most prominent reasons is the wave of vape lawsuits amassing against JUUL Labs and other vaping companies.
How much nicotine is in a Juul pod?
According to the U.S. Surgeon General, a single JUULpod may contain the same amount of nicotine as 20 cigarettes — an entire pack. Additionally, early JUUL products contained around two to five times more nicotine than other types of e-cigarettes. Almost any product that contains nicotine can be addictive.
Why is diacetyl banned from vapes?
In fact, diacetyl has been banned from e-cigarettes in Europe because of the possible health risks.
How much did Juul pay in 2021?
In June 2021, vape giant JUUL agreed to pay $40 Million to settle the lawsuit filed against the company by North Carolina Attorney General Josh Stein. The suit claimed that JUUL used questionable marketing practices to target teens and young adults, fueling widespread addiction. Similar vape lawsuits have been filed by 13 other states.
What states have banned vaping?
The sale and distribution of flavored or counterfeit vaping products have been banned in some states, including California, Michigan, New York, and Massachusetts. Michael Bloomberg, former Mayor of New York City, ...
What is the liquid in an e-cigarette?
Attached to an e-cigarette is a liquid-filled cartridge. The liquid, commonly known as “e-liquid” or “vape juice,” often contains nicotine and other harmful substances. The e-liquid is heated, turning it into an aerosol that can be inhaled by the user.
What are the consequences of vaping?
Juul and other e-cigarette lawsuits claim vaping led to seizures, serious lung injuries or disease and strokes. Many vaping lawsuits claim that high nicotine levels in e-cig fluids or Juul pods led to e-cig addiction, possibly worsening the health dangers for people who have used Juul and other electronic cigarettes.
How many lawsuits are there against Juul?
Status of Juul Lawsuits. As of July 22, 2020, there were 758 Juul lawsuits from around the United States combined in multidistrict litigation (MDL), MDL-2913. Many lawsuits claim Juul’s marketing targets minors, and the company denies this.
How many people died from vaping in 2020?
The vaping-related lung injury was first reported in mid-2019 and quickly spread to hundreds of people. As of Feb. 18, 2020, the U.S. Centers for Disease Control and Prevention had identified 2,807 hospitalized cases of the lung injury. The CDC also confirmed 68 deaths from EVALI at that time.
How much did Juul pay North Carolina in 2021?
In addition, several states have sued the e-cigarette maker for contributing to the youth vaping epidemic. In June 2021, Juul agreed to pay $40 million to North Carolina in the first state settlement. At least nine other states have filed lawsuits, according to CNBC.
Why was Juul fired?
A former senior vice president at Juul used the company in October 2019, claiming he was fired after he raised alarms over 1 million contaminated, mint-flavored Juul pods shipped to retailers and consumers. The lawsuit did not specify the exact type of contamination.
What happened to Maxwell Berger?
Maxwell Berger sued Juul Labs in 2019 claiming his two-Juul-pods-a-day habit led to his massive stroke before he turned 20. Vaping two of the pods would mean he was ingesting as much nicotine as someone who smoked 40 tobacco cigarettes a day.
Where is the Juul ban?
San Francisco, the home to Juul Labs, had already passed a so-called Juul ban that prohibited the sale of vaping products in the city. Other cities and states launched similar vaping bans in the wake of the outbreak.
What is class action.org?
If you had a problem with your credit report, attorneys working with ClassAction.org may be able to help. They're offering to review people's credit reports, free of charge, to help determine whether the company that ran or ordered the report broke the law.
What is a class action lawsuit against poultry processors?
A class action lawsuit has been filed alleging some of the largest poultry processors have engaged in a wage-fixing scheme that has suppressed the pay of plant workers for years. If you worked in a poultry plant at any time since 2009, it’s possible that you were underpaid as a result of this alleged conspiracy.
What is the Elmiron Maculopathy lawsuit?
Elmiron Maculopathy Lawsuit. Lawsuits are now being filed on behalf of Elmiron patients who suffered permanent retinal injuries and seek to recover money for physical and mental anguish, medical expenses and more.
What are the attorneys investigating?
Attorneys are investigating whether consumers are being charged illegal and hidden fees on foreign payment card transactions. If so, they may be able to get a class action lawsuit started to help those affected.
Why are California employers being sued?
A number of companies have been sued in California for failing to provide their workers with accurate wage statements. The lawsuits claim the paystubs were missing important information – such as the total number of hours worked and hourly pay rates – and that this violates state labor law.
Why are Amazon delivery drivers sued?
A number of Amazon delivery drivers have sued the companies they work for, alleging that they’re not being paid properly.
Is Zantac a class action lawsuit?
Class action lawsuits have been filed alleging that Zantac exposes users to unsafe levels of a probable carcinogen and that the manufacturers knew about the risk but failed to disclose it.
