E-CIGARETTES: TO VAPE OR NOT TO VAPE?

Transcription

1 E-CIGARETTES: TO VAPE OR NOT TO VAPE? ANNESLEY H. DEGARIS, DEGARIS & ROGERS, LLC ANGELA J. NEHMENS, LEVIN SIMES ABRAMS, LLP MASS TORTS MADE PERFECT APRIL 2019

2 CUTTING EDGE LITIGATION WINDMILL CANCER

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6 A BRIEF HISTORY OF E-CIGARETTES 1963 Herbert A. Gilbert, first person to have idea of electronic cigarette device 2003 Chinese pharmacist Hon Lik, father of the electronic cigarette patented first modern e-cigarette design Ultrasound device nebulized nicotine dissolved in a solution of propylene glycol. Produced in China First cigarette containing nicotine but no tar Korea markets as a healthy alternative to cigarettes 2006 Exported all over the world 2007 Arrives in USA

7 WHAT ARE E-CIGARETTES? Also called e-cigs, vapes, mods, vape pens, e-hookahs, tanks Battery-powered devices that work by heating liquid ( juice ) into an aerosol that the user inhales and exhales Examples of e-cigarettes include: Source: smokefree.gov

8 These use lithium-ion batteries; involved in explosion cases Think Juul and similar devices

9 Differences Between Juul and Mods Salt-based nicotine Freebase nicotine 59 mg of nicotine per ml Pods not made to be refilled 0-36 mg of nicotine per ml Refillable tank tobaccopreventiontoolkit.stanford.edu

10 E-CIG LITIGATION TODAY TWO PATHS: Explosion Cases - Involve PI/product liability claims - Two deaths reported in the U.S. relating to e-cigarette explosions (FL, TX) - Largely attributable to design of mods and the use of lithium-ion batteries Class Actions - Medical Monitoring Class Action Pending in CA - Preliminary studies indicate there are lung injuries specific to vaping - Class Action Pending Against Juul in CA others across the country - Deceptive marketing practices/ lack of transparency regarding amount of nicotine and other chemicals present in vape juice

11 EXPLODING E-CIGS AND LITHIUM- ION BATTERIES

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13 EXPLOSION CASES

14 INJURIES TYPICALLY SEEN

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17 WHO ARE THE DEFENDANTS? Storefront Distributors of Mods and Batteries Battery Manufacturers Vape Manufacturers

18 CHAIN OF SALE: BATTERIES Battery Manufacturer AND MODS Mod/Vape Manufacturer Re-wrappers Importer/Distributor Importer/Distributor Storefront Storefront Sale to Plaintiff

19 File Early! TIPS FOR EXPLOSION CASES Don t lose opportunity to sue distributors and/or other defendants Evidence Proof of purchase; whether via receipt, credit card statement, debit card statement All physical evidence Battery, Vape, Clothing, Charger Evaluate Case Worth suing foreign distributors? Does storefront have insurance? Policy limits?

20 CLASS ACTION and MEDICAL MONITORING: IS VAPING THE NEXT BIG TOBACCO?

21 E-JUICE FLAVORS Tobacco American Tobacco Turkish Tobacco Pipe Tobacco Cuban Cigar Menthol Cherry Vanilla

22 E-JUICE FLAVORS: BEYOND Wooky Cookie Vanilla, caramel, semi nutty graham crackery crust Strawberry Fields Imagine an extra creamy strawberry cheese cake topped with hand made whipped cream and graham cracker crumbles. Smurff Berry Blueberry, raspberry, and cream Top Hat Toffee Caramel, Toffee, and vanilla with a nutty finish St. Valentine s Massacre Fresh strawberries and plump blackberries blended together, drizzled with white chocolate Unicorn Puke Rainbow Sherbet Ice Cream

23 E-JUICE VARIETIES 1,000 s of flavors from Traditional Cigarette flavors on to desserts and things you have never thought or heard of 243 flavor varieties sold in one local vape shop alone Available in 0, 6, 12, 18, and 24mg/ml variety of nicotine levels 466 different brands and more than 7,764 flavors out there as of a recent January 2014 from the University of California San Diego

24 CHEMICALS FOUND IN E-JUICE

25 WHAT IS NICOTINE? Drug Stimulant Highly Addictive Causes changes in brain chemistry Found in tobacco products Nicotine Molecule:

26 EFFECTS OF NICOTINE ON THE BODY - Mouth and Airways - Irritation - Cough - Increased airway resistance - Lung damage from nanoparticles embedding in lungs; ex. popcorn lung Heart and Circulation Chest pain Increased blood pressure Increased heart rate Decreased circulation Gastrointestinal Vomiting Nausea Increased acid reflux Mental Increase in dopamine Increased alertness Addiction/dependence

27 Stronger E-Cigarette/Vape Salt-based nicotine Freebase nicotine 59 mg of nicotine per ml Pods not made to be refilled 0-36 mg of nicotine per ml Refillable tank tobaccopreventiontoolkit.stanford.edu

28 New generation of smokers on our hands Juul dominates 72% of e-cigarette market Flavored juice targeted to teens/young adults Juice contains formaldehyde and other chemicals that can cause lung disease Use of/addiction to nicotine has longlasting health affects - negative impact on adolescent brain development, wet lung, other diseases and side effects not yet known due to limited research 30.7% of teen e-cig users started smoking traditional cigarettes within 6 months; only 8.1% of non-vaping counterparts began something within the same time period

29 POPULARITY OF VAPING

30 USAGE AMONG TEENAGERS E-cigarettes are the most common tobacco products used According to 2018 National Youth Tobacco Survey (NYTS) data, current e-cigarette use or vaping among middle and high school students increased alarmingly between 2017 and 2018, with over 3.6 million kids currently using e-cigarettes in The rise in e-cigarette use among youth could be attributable to use of USB-flashdrive-like e-cigarettes, including JUUL, which have garnered popularity among youth.

31 USE AMONG HIGH SCHOOL STUDENTS Between 2017 and 2018, use of any flavored e-cigarette went up among current users from 60.9% to 67.8%, and menthol use increased from 42.3% to 51.2% among all current e-cigarette users. Flavors in tobacco products are problematic, as they can be very appealing to youth, and are frequently listed as one of the top three reasons this population uses e-cigarettes. Additionally, kids whose first tobacco product was flavored are more likely to become current tobacco users than those whose first product was tobacco-flavored.

32 USE AMONG MIDDLE SCHOOL STUDENTS E-cigarette use among middle school students is also on the rise, jumping 48 percent from 2017 to Today, a total of 4.9 percent of middle school students or 570,000 kids are current e-cigarette users

33 E-CIGARETTE ADVERTISING IS EVERYWHERE

34 REGULATION OF E-CIGARETTES WORLD HEALTH ORGANIZATION September 2008 World Health Organization (WHO) says e- cigarettes cannot be considered as a method to quit smoking 2014 WHO calls for local regulations No more promotion Stop using unproven health claims Ban indoor use

35 REGULATION OF E-CIGARETTES FOOD & DRUG ADMINISTRATION Prior to 2016, the industry was completely unregulated in the United States. FDA introduced regulations on May 5, 2016 on the premise that e-cigarettes contain tobacco derived nicotine. The regulations bring importers, retailers and manufacturers of e-cigarettes in line with other tobacco products. Regulations of e-cigarettes include: Disclosing all ingredients including harmful constituents Requiring health warnings on product packages All purchasers must be at least 18 years old

36 THIS DOES NOT MEAN HARMFUL EFFECTS OF E-JUICE ARE WARNED OFF The FDA requires a nicotine and addiction warning only:

37 COMPARE:

38 LONG-TERM HEALTH EFFECTS REMAIN TO BE SEEN