Despite being on the market for quite some time now, there are still many questions about vaping and vape products. Part of this may be attributed to the absence of many long-term studies on the products. Besides this, there is a general lack of basic knowledge regarding the use of vape items. For instance, many vape users may use the products without fully understanding how the batteries or components work.
There is a current “vaping epidemic” that is taking hold of our nation and sadly, is beginning with our country’s young people. Vaping may lead to problems such as lung or heart disease, and the devices are also linked to vape explosions and fires.
If you or a loved one were injured by any type of vape product, you may be entitled to significant compensation for your losses. Contact Levin Simes at (415) 426-3000 if you need legal representation regarding a vape injury. We are at the forefront of the movement to hold vape companies accountable for injuries their products are causing.
Read on to learn the answers to some of the most common questions about vaping.
Vaping is often touted as a “safe” alternative to smoking cigarettes and other tobacco products. However, vaping causes various health problems too. For instance, vaping can cause inflammation, swelling, and irritation in the lungs. This can happen due to the toxins that are introduced into the body when breathing in the vape “juice.”
Long-term effects can occur, such as scarring of the lungs or narrowing of the tubes that are used in breathing. Even more serious conditions like emphysema, “popcorn lung,” and lung cancer can result from vaping.
Besides these medical conditions from vape consumption, the devices themselves are linked to battery explosions and battery fires, which can seriously injure the user.
Over time, these three terms have come to be synonymous in everyday language. However, there are some differences between them:
Vape is short for “vaporizer” or “vaporizing,” which refers to the act of breathing the mist (vapor) created by devices that heat up liquids for inhaling. This liquid usually contains nicotine, flavoring, and other additives.
An e-cigarette or “e-cig” is a specific type of vaping device. It is so called because early devices were made to resemble cigarettes in shape, size, and appearance. They are usually self-contained devices that are often disposable once the battery and liquids run out.
Juul is a specific brand of vape products. Juul products have no nicotine-free options; in comparison, other vape products and brands may contain different ingredients and flavors, such as marijuana, cannabidiol (CBD), and other substances. Juul has been the focus of attention in the media recently due to lawsuits, because many of its products were marketed specifically to young children.
It is difficult to say whether vaping is better or safer than smoking. Both vaping and smoking introduce dangerous chemicals into the user’s body, and both are addictive. Many vape manufacturers make the claim that vaping is a safe alternative to smoking tobacco such as cigarettes or cigars.
While the levels of certain chemicals are higher when burning tobacco in a cigarette, there may also be some chemicals and compounds present in vape products that are not in cigarettes. This is especially true if the vape oils or liquids are made from inferior sources or produced in companies outside of the U.S. Also, the mechanism of vape heat may create different conditions for disease and illness than cigarettes.
The legal status of vaping varies from state to state and sometimes even from county to county. For instance, in California, it is against the law to sell or give tobacco or vape products to any person under the age of 21 (although active military personnel must be over 18).
Also, California law requires all e-cigarette cartridges and liquid solutions to be sold in child-resistant packaging. The use of vape products may also be regulated (subject to fine) or prohibited in various workplaces and public areas, such as certain restaurants, bars, and in certain areas of state beaches or state park systems.
Vaping in a car is also prohibited if a minor is present in the vehicle.
There is no set time for how long a vaping lawsuit will take. Each case is different, and its timetable will depend on many factors, including the complexity of the case, the nature of the injury or damages involved, and the number of parties in the case.
Generally speaking, an injury lawsuit such as a vape class action may take anywhere from several months to a year or even longer. Filing a lawsuit on time can help ensure needless delays are avoided. Working with the right vape lawsuit attorney can ensure all court requirements are met on time.
Yes, it is possible to vape marijuana. Vaporizing devices can heat marijuana (cannabis) to temperatures just below the burning point (451°F). This releases the active chemicals in marijuana into a vapor that can then be inhaled for consumption through the device.
Not all vape devices have the capability to vaporize marijuana materials. Also, vaping of marijuana is even more highly regulated than vaping nicotine liquids. State laws will vary widely regarding the legality of vaping marijuana.
Damages in a vaping lawsuit can be substantial, though they will depend on the specifics of each case. A financial damages award can cover medical and hospital expenses, lost wages, loss of future earning capacity, pain and suffering, emotional distress, and other losses.
It is worth mentioning that the experience of the attorney handling the case can also affect the amount of damages. A skilled attorney will know how to create a strong trial strategy to ensure that the injured party receives the maximum verdict or settlement under the law.
The main active ingredient in vapes and e-cigs is nicotine. This is the ingredient that most users seek to consume to approximate the experience of smoking tobacco. Besides nicotine, most vapes and e-cigs contain three other main ingredients: solvents, flavors, and sweeteners.
The solvents are used to dissolve the nicotine so it can be inhaled. The flavors and sweeteners are intended to make vaping more palatable and attractive to consumers. This is where some vape manufacturers have faced legal issues, as some brands may be marketing flavors that appeal directly to children (such as candy or cereal flavors).
One of the most common Juul questions is regarding side effects. These can include coughing, sore throat, dry mouth, headaches, nausea, dizziness, and vomiting. One concern is that it can be difficult to approximate or regulate the amount of vapor one is inhaling at a time. Long-term use of Juul and other products can lead to more serious health conditions like lung disease or cancer.
Besides these effects, another concern is vape explosions. These often occur in connection with “mods” or modifiable devices, which can often be changed against manufacturer recommendations (such as mixing and matching batteries between devices). Explosions can lead to burns, scarring, amputations, and other serious injuries.
Vapes, Juul, e-cigs, vape pods, and other similar products generally contain nicotine. This is because early devices were intended to simulate cigarettes, which contain nicotine. Nicotine is addictive and toxic, and can have negative effects especially on the developing brains of younger people.
Vapes were originally marketed as a way to stop smoking cigarettes, similar to the idea of a nicotine patch to “wane” off of cigarettes. However, a study showed that non-smokers were more likely to start smoking regular cigarettes after becoming addicted to vaping.
In most cases, vape product manufacturers can be held liable for dangerous vaping products. Vaping injuries can include both medical injuries from consumption, such as lung disease and cancer, as well as injuries caused by vape explosions and battery fires.
In other instances, other parties can be held liable, such as retailers, sellers, and distributors of vape products. An example of this is when a retailer continues selling a vape product that is known to be dangerous or that has been officially recalled from the market. Contact a lawyer if you’ve been injured due to a vape and have questions about who is liable.
The biggest dangers of using Juul and other vape products are nicotine addiction, lung disease, cancer, and injuries from vape explosions or fires. These dangers are compounded by the fact that users may begin at a very early age — sometimes even at elementary school ages. Users may eventually be exposed to health risks for years or even decades.
As vapes are relatively new devices and products, more dangers and health concerns may surface in the upcoming years as more research is done. Additional connections between injuries may develop as we learn about the long-term effects of these products.
Yes, there are multiple lawsuits ongoing against Juul. The vape company has been accused of targeting its products to minors, downplaying vaping risks, and other allegations. For instance, the company has often made cancer the focus of its statements, while ignoring other serious issues like strokes, seizures, asthma, and pneumonia.
Levin Simes has filed dozens of lawsuits against Juul, including a wrongful death case. We are leading the fight against Juul by using state and federal courts to bring these issues to light. We hope our work will inform the public of these dangers and hold Juul accountable for its role in the vaping epidemic.
The U.S. Food and Drug Administration (FDA) initially banned Juul products from sale in the U.S. in June 2022. However, the FDA has since placed an administrative hold on the ban so it can review the company’s marketing application.
The FDA did not officially reverse the ban; until it finishes its review, people can still purchase Juul devices and unflavored pods (the pods in question were flavored ones marketed toward youths). There is no official recall either. If the FDA reinstates its original ban, Juul may have to recall its products.
Additionally, individual states, counties, and cities may have local vaping ordinances regulating the sale of vape products, including those from Juul.
You should contact a vape injury lawyer as soon as possible if you or someone you know has suffered health issues or injuries due to vaping. Pursuing legal action may be the best way for you and your family to recover the losses that vaping injuries may have caused.
It is important to take action early, as there may be filing deadlines associated with vape injury lawsuits. An experienced attorney can perform important tasks like researching relevant laws, gathering medical information and other evidence, formulating a trial strategy, and negotiating for a settlement. Contact Levin Simes for a free consultation about your claim.
At Levin Sims, our women-led team of trial attorneys has decades of experience facing large corporations to protect the health and rights of consumers. We have established relationships with major news outlets and channels, which means we can increase the visibility and awareness of the issues involved in vape cases.
Our law firm gives a voice to those who may be silenced by large companies that place profits over people. A victory in court could potentially rescue the health of our communities and save the lives of thousands and thousands of people affected by the vaping epidemic.
If you or a loved one were injured by a vape product, contact us at (415) 426-3000 for a no-cost consultation. We are on hand to guide you through the process from start to finish.
