Our Blogs

Defective Vaping Devices: Who is Liable?

Written by Berkowitz

vaping deviceWhile the debate is ongoing about whether or not vaping is better for your health or not, there is a bigger concern vapers should have: The safety of the device itself. According to the U.S. Food and Drug Administration (FDA), these vape pens can be dangerous – especially in terms of burns as well as their risk for tobacco addiction – just like traditional cigarettes. The FDA has taken steps recently to allow consumers and retailers to report issues with vaping devices – so that they can better track defects. One of the defects that is common among these devices, especially lower-priced ones, is that they can ignite. According to a recent article in WCCFTech, the FDA has now released their new online updated tool so that you can report any issues you find with your own vape device.

What are the Common Defects Already Discovered?

There is a shocking number of defects already found in vaping devices. Some of these devices and health risks include:

  1. Burns from lithium ion batteries. Vape pens do not use actual burning to create that “vape” consistency. Instead, they rely on lithium ion batteries to heat an aerosol cartridge and release a vapor that you can then inhale. If the battery is defective, it can catch fire, overheat, and even burn your fingers.
  2. Some vaping devices can explode. There have been a staggering number of incidents where vaping devices have literally exploded during use or even while charging. These often occur in the cheaper models available.
  3. Chemical exposure. Recent studies have found an alarming number of chemicals in vaping devices – chemicals these companies promise you will no longer be exposed to. Just some of the chemicals recently discovered include things like tobacco, vegetable glycerin (a preservative), propylene glycol (a known respiratory allergen), nicotine, and artificial flavoring. Worst of all, one of the flavoring substances used is known as diacetyl, which can cause life-threatening respiratory conditions.

Suing for Defective Vaping Devices

If you have been injured by a defective device, even though these devices are marketed as safe alternatives to cigarettes, you could potentially file a product liability lawsuit against the manufacturer as well as other companies involved in the distribution chain of the product. Just some injuries reported from defective devices include:

  • Burns
  • Scalds
  • Fire damage to home
  • Smoke inhalation
  • Pneumonia
  • Seizures
  • Heart failure

Aren’t Vaping Devices Regulated by the FDA?

No, the FDA does not regulate vaping devices – even though they are tracking issues known with them. Instead, the FDA is working on regulations that would help broaden their authority to track and investigate these devices – so that they can be more properly regulated. But, because they are not regulated as of yet, manufacturers can use products that are unsafe and even use chemicals that are not necessarily allowed in consumer products – and potentially unsafe for consumption.

Contact an Attorney if You Have Been Injured by a Defective Product

Regardless of the product, if you have been injured due to a product defect, you could be entitled to compensation under the law. The product liability attorneys at Berkowitz and Hanna LLC can assist you with your claim. Contact Berkowitz and Hanna LLC today to schedule a no-obligation case evaluation. Call 866-479-7909 or contact us online to get started.