October 31, 2019

E-Cigarette Cases Filed in New York State Court

E-cigarette cases filed in New York state court amidst ongoing controversy, legislation, and research on the products.

There has been significant controversy in recent months regarding the health effects of e-cigarettes. Several states have moved to ban the sale of these products, and the Center for Disease Control has been publishing information on clusters of respiratory disease and death allegedly linked to the products. Three tort cases have now been filed in New York state court by plaintiffs alleging that they have become addicted to the nicotine contained in e-cigarette products manufactured and sold by defendants Juul Labs, Inc., Altria Group, Inc. and, Philip Morris USA, Inc., as well as local vendors. The cases contain the following causes of action: civil conspiracy, fraud, failure to warn, design defect, negligence, unjust enrichment, and false advertising. The complaints also seek preliminary injunctions preventing further advertising or sales of the products. The defendants have yet to file responsive pleadings and are seeking extensions of time to do so. Copies of the first Complaint can be found below.