Category: Legal News

The Latest From the CDC

The Centers for Disease Control have been researching vaping-related illnesses throughout the country. Progress is finally being made on what they term EVALI (E-cigarette/Vaping Associated Lung Illness). More can be expected.

It has been determined that vaping products containing THC, specifically those from unofficial sources like friends, family, or in-person/online dealers, are linked to most EVALI cases and play a major role in the outbreak. THC vaping oils contains an additive called Vitamin E acetate. Vitamin E acetate is strongly linked to the EVALI outbreak and, in 82% of EVALI cases, victims vaped THC-containing liquids.

Alarming Risks to Teens

Daniel Ament never dreamed he would have a double-lung transplant at the age of 17, but it was necessary in order to save his life. Like many of his friends, Daniel vaped e-cigarettes and occasionally THC. Unlike his peers, Daniel ended up in the hospital with a severe, life-threatening illness due to vaping. The transplant saved his life, but he will forever feel the effects. After graduating high school, he planned to enlist in the military, but that option is no longer possible. With these horrifying events behind him, Daniel now advocates to stop teen vaping.

Christy D’Ambrosio has taken on a similar quest to stop teen vaping. Her son, Ricky, was 21 when he was admitted to the hospital for respiratory failure and eventually a medically induced coma. She went to the media with pleas for prayers and support to save her young son’s life. Christy, like many other parents, was unaware of the extent of her son’s vaping – that it had been going on for five years and had gotten to the point of an addiction. Doctors struggled to find explanations for Ricky’s symptoms. It wasn’t until they learned he’d been vaping that they determined the cause and were able to save his life. When Christy went to Facebook with a picture of her son in the hospital, she captioned the post with a plea for everyone to stop vaping, tell others to stop, tell everyone to stop. Her post was shared more than four thousand times.

At the end of 2019, the youngest patient to die from EVALI was reported – a teenager only 15 years old. Before that, the youngest was a 17-year-old from New York. The teen was hospitalized twice previously for symptoms related to vaping. His death was the first in the state of New York. Governor Andrew Cuomo made a public announcement regarding the boy’s death and made a plea to both parents and teenagers to recognize the risk: “You are playing with your life when you play with this stuff,” said Cuomo.

Everyone should be fully aware of the risks and effects of vaping. No substance is worth altering someone’s entire life. Just because something is easily obtained doesn’t make it safe. Parents should be aware of their children’s possible e-cigarette use and warn them of the risks.

As reported in February 2020, the number of vaping-related illnesses in the United States have topped 2,800 with deaths reaching nearly 70.

The Centers for Disease Control is working around the clock to identify the cause of this seemingly sudden outbreak in vaping-related illnesses. The ongoing investigation provides regular updates on the CDC website regarding those affected and what they know:

• Investigation spans almost all states, more than 2,000 patients, and a wide variety of brands, substances, and e-cigarette/vaping products
• 2,290 cases of E-cigarette/Vaping product use Associated Lung Injury (EVALI) have been reported to the CDC from 49 states
• 47 deaths have been confirmed in 25 states and the District of Columbia
  • Median age of deceased patients is 53, ranges from 17 to 75
• Of the studied illnesses:
  • 68% were male
  • 77% were under 35 years old, the youngest being 13

Symptoms of Vaping-Related Illness

Reports continue to fill the news regarding individuals getting sick from vaping. What exactly is happening? And should you be concerned? In short, yes. Among the growing list of health problems attributed to vaping, some symptoms include:

• Coughing, shortness of breath, and/or chest pain
• Nausea, vomiting, or diarrhea
• Fatigue, fever, or weight loss

Contact a medical professional immediately if you regularly use e-cigarettes or vaping devices and experience any of the above symptoms.

The damage being done to lungs is extensive. Some individuals are admitted to the hospital with minor symptoms and are released. They continue to use e-cigarettes and are later readmitted. Some of the known cases of vaping-related illnesses have found the following damage to their lungs:

• Inflammation
• Damage that resembled exposure to inhaled toxic substances, like from a chemical spill
• Acute respiratory distress syndrome (fluid in the lungs that impedes oxygen getting to the body)
• Pneumonia-like symptoms and illness

Possible Causes of Vaping-Related Illness

The numbers of deaths and illnesses related to vaping continue to rise. So do the questions, but not the answers. The common factor in these illnesses is vaping. Beyond that, there is only speculation about what else could be the cause.

The CDC found one common denominator in vaping illnesses – the additive vitamin E acetate. The vaping-related illnesses are seen in individuals vaping THC, tobacco, or a combination of the two, but most illnesses (83%) come from vaping products containing THC. Vitamin E acetate is an additive specific to THC vaping and has been found in the diseased lungs of those studied by the CDC.

There are also concerns regarding those looking to save money by purchasing “off-brands” and buying products online from unverified sources. Some of these online products are acquired illegally and have not been verified by the FDA. The CDC has stated: “The latest national and state findings suggest products containing THC, particularly those obtained off the street or from other informal sources (e.g. friends, family members, illicit dealers), are linked to most of the cases and play a major role in the outbreak.”

The severity of illnesses related to vaping has driven the American Medical Association (AMA) to call for a ban on all e-cigarette and vaping products that have not been approved by the FDA for use supporting those attempting to quit smoking traditional tobacco products.

The dangers of e-cigarette use are very real. Many, as we are seeing, are still alarmingly unknown. Individuals continue to become ill and even die due to a product previously deemed “safe.”

With the rise of vaping and e-cigarette use in the country, we are seeing the long-lasting health effects of prolonged use for teens and young adults.

Many parents are now fighting back by suing vaping companies, like Juul, for targeting their teens.

“Are vaping or e-cigarettes a good alternative to smoking?”

The answer is a resounding NO!

In the past (and maybe until now), e-cigarette companies have advertised their product as something that can help people quit smoking. However, the American Heart Association (AHA) warns that vaping and e-cigarettes should not be promoted as a safer alternative to smoking tobacco. In fact, here are a few reasons from the AHA website about why vaping and e-cigarettes are not a better alternative to smoking:

• Most e-cigarettes deliver nicotine, which is highly addictive and can harm the developing brains of teens, kids and fetuses in women who vape while pregnant. Some types expose users to even more nicotine than traditional cigarettes.
• In addition to nicotine, e-cigarette vapor includes potentially harmful substances such as diacetyl (a chemical linked to a serious lung disease), cancer-causing chemicals, volatile organic compounds (VOCs), and heavy metals such as nickel, tin, and lead. Users breathe in these toxic contaminants, and non-users nearby risk secondhand exposure.
• The liquid used in e-cigarettes can be dangerous, even apart from its intended use. Children and adults have been poisoned by swallowing, breathing or absorbing the liquid through their skin or eyes.
• E-cigarettes have been linked to thousands of cases of serious lung injury, some resulting in death. While the exact cause is still not confirmed, the CDC recommends against use of e-cigarettes.

Click here for more information from the American Heart Association.

Teens and e-Cigarettes/Vaping: Companies Get Richer, While Our Kids Get Sicker

On any given day, you’ll find articles in the media about the dangers of e-cigarettes and vaping. Most of them are saying the same thing: that illnesses, diseases, and deaths connected to the use of such products continue to climb, especially in high schools and on college campuses. This should come as no surprise, because “Juul-ing,” “vaping,” and the like are marketed as cool, sleek, and offer flavored products that tend to appeal to a younger demographic. Not to mention their ability to be disguised from parents and teachers (see subsequent section on “What Is Juul?”).

As a result, courts all over the U.S. are seeing an increase in lawsuits being filed against some of the major companies manufacturing and distributing these products. In October 2019 , e-cigarette company Juul Labs (JUUL) was sued for allegedly deceptive marketing of its products to teenagers. The case was settled, and JUUL was handed specific restrictions on how, where and when it can advertise to teens and adolescents. Recent legislation banned the sale of some — but not all  — flavored vaping products, attributing fruit, mint, and dessert flavors as a source of appeal to younger demographics. Menthol- and tobacco-flavored products were the exception.

Yet the number of teenagers using vape products continues to increase. According to the National Youth Tobacco Survey (NYTS ) from 2019, teen cigarette smoking is at an all-time low, but e-cigarette use is increasing. The NYTS found that 5 million youth report having used e-cigarettes in the past 30 days, with nearly one million reporting daily use.

Take a look at the numbers from the 2019 report:

What Is JUUL?

As mentioned in the above infographic, JUUL is the most popular e-cigarette brand for teens. JUUL  is shaped like a USB flash drive, enabling the product to be used right under parents’ and teachers’ noses (no pun intended).

The device itself heats a liquid (aka “vape juice”) that is turned into aerosol and subsequently inhaled by the user. Bystanders can also inhale this aerosol when the user exhales it into the air. The liquid contains nicotine, but with JUUL products the nicotine comes in the form of a salt. Nicotine salts allow a higher dosage of nicotine per puff.

What is perhaps most alarming is only one-third of JUUL users aged 15-24 know that JUUL always contains nicotine, and not just harmless “water vapor” according to CDC findings. Moreover, secondhand vapor can be harmful to others.

What Teens Are Saying About Vaping

In October 2019, a survey was conducted at Buffalo High School near Minneapolis, Minnesota. The following are direct quotes from the high school students there about why they vape. We hope these can shed some light as to why vaping has become such a widespread epidemic in this particular demographic:

• “I didn’t want to be left out and miss out on the fun.”
• “I think it was supposed to be a healthier alternative to smoking cigarettes. That’s, like, not the case anymore.”
• “Your friends do it, so why would you be that one person who doesn’t do it?”
• “People just assume it’s good because you’re not blowing smoke out of your mouth, you’re blowing vapor.”

Help for Parents on How to Start a Conversation With Their Teenager

From this survey, you can get a sense of how teens feel some peer pressure and influence on their decision to start vaping. Perhaps part of the appeal of vaping is also the forbidden aspect of these devices. With e-cigarette and vaping devices being banned in schools, airplanes, public gathering spaces, and more, other companies have jumped on the bandwagon of creating vaping devices that are disguised as something else, such as hoodie straps, backpacks, smart watches, and phone cases, according to Healthline. The point is that vaping devices can be masked as anything these days, which can appeal to the younger generation.

If you are a concerned parent of a teenager, the first step is usually having an open, non-judgmental conversation about it with him or her. The CDC provides a parent tip sheet on how to broach this topic in ways that keep communication lines open; you can find it here.

While the Law Offices of James Scott Farrin is not actively pursuing these cases, we hope you have found this information helpful.

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Please do not hesitate to call us at 1-866-900-7078, or click here to contact us.

And How This Can Affect You:

While Juul has recently been under fire for shady marketing techniques, including marketing to underage users, another serious issue has emerged for those using Juul products. The possibility of contaminated pods being shipped out to users was made public by former Juul Exec Siddharth Breja. At least 1,600 cases of lung damage cases have been reported in relation to vaping, including more than 30 deaths. It is currently unknown whether contaminated pods are related to this issue but it’s safe to say the use of vaping products isn’t as safe as originally thought.

Siddharth Breja, who was originally a finance executive at the e-cigarette company Juul, was fired earlier this year. In a lawsuit filed Tuesday by lawyers that represent Breja, they claim Breja was terminated after opposing company practices such as shipping contaminated flavored pods and not listing expiration dates on Juul products. The lawsuit does not specify the contamination issue, or go into further detail on how it occurred. Lawyers for Breja have declined to speak further on the issue.

A Juul spokesperson responded to the claims stating that they were “baseless” and that Breja was terminated because he failed to “demonstrate the leadership qualities required for the job.” No further statements have been issued since then.

Breja described a “reckless” and “win at all costs” mentality at Juul, and he aims the majority of the criticism at the company’s former CEO, Kevin Burns, who was recently replaced.

According to the lawsuit, Breja states that he learned in March that some batches of nicotine solution had been contaminated, and claims that roughly one million of these contaminated pods were shipped without a recall or public health warning. Breja says he protested shipping the pods, but his supervisor continued forward because they were more concerned with stockholders’ profits.

After pulling Mango, Fruit, and other flavors under the pressure of health authorities, Mint pods were the contaminated products according to Breja. A majority of vape users used Mint pods as a substitute for the fruity flavors that were pulled off-market. According to the lawsuit, Burns stated, “You need to have an IQ of 5 to know that when customers don’t find mango they buy mint.”

Breja claims that he was wrongfully terminated after bringing health concerns related to the contaminated pods to Burns. Breja states that Burns responded to his concerns with “half of our customers are drunk and vaping like mofos, who the f— is going to notice the quality of our pods?” The lawsuit was filed in Northern California seeking $10 million.

For safety concerns, users should consider halting any use of Juul vaping products and schedule a precautionary visit with a doctor. If users have any symptoms of EVALI, the name given to the vape related illness, they should immediately seek treatment. These symptoms include coughing, shortness of breath, and chest pains.

Contact a North Carolina Injury Attorney

Working with an experienced North Carolina injury attorney can potentially make or break your case. If you have used vape products and believe you may be suffering illness from them, let’s talk. Our mission is to help those who’ve been harmed by defective products and ensure that businesses are held accountable for producing them. For a free, confidential case evaluation, contact us or call 1-866-900-7078.