Tuesday, May 12, 2015

Frivolous Class Action Lawsuit Against Lorillard and Blu E-Cigarettes Spurred on by CDC, FDA, and California DPH Lies

According to an article from Courthouse News Service, a class action lawsuit has been filed in California against Lorillard and its Blu e-cigarettes based on the contention that the company falsely claimed that its product is safer than cigarettes.

According to the article: "Lorillard Tobacco Company falsely advertises its Blu brand of electronic cigarettes as "safer" and "healthier" than standard smokes when they're not, a class claims in state court. Lead plaintiff Larry Diek says in a 50-page complaint filed last week in Orange County Superior Court that he would not have purchased Blu e-cigarettes if he had known about their dangers. ... Blu deceptively advertises their e-cigarettes as a "safer," "healthier," and "smarter alternative to traditional cigarettes" since they produce only vapor and not tobacco smoke. But the vapor is actually "a concoction of chemicals toxic to human cells," Diek says in his complaint."

The lawsuit is also described in an article published by the Orange County Times: "In a class action lawsuit filed in Orange County last month, lead plaintiff Larry Diek says Lorillard Tobacco Company, known for such brands as Newport and Kent, is misleading consumers by claiming its e-cigarette brand, called BLU, is a safer and healthier alternative to traditional cigarettes. In his 58-page lawsuit, Diek said he never would have purchased BLU e-cigarettes if the company had made him aware of the dangers through proper warning labels. He is suing the North Carolina-based tobacco giant for an unspecified amount in damages." ...

"In his lawsuit, Diek said ads such as, “Why quit? Switch to BLU,” are misleading, since studies have shown that e-cigarettes contain harmful additives. Among the studies cited in the lawsuit is one from the University of California, Riverside, which found that the aerosol from e-cigarettes contained toxic particles from tin, aluminum and other metals."

The Rest of the Story

This is a completely frivolous lawsuit because it is based on a false contention. Blu e-cigarettes are not being falsely advertised as being safer, healthier, or a smarter alternative to traditional cigarettes because they are safer than cigarettes, healthier than cigarettes, and a smarter alternative to cigarettes.

You can't (successfully) sue a company for telling the truth.

The lawsuit is also frivolous because Blu doesn't actually make a claim that its products are safer than real cigarettes in the first place. In fact, the company is quite careful not to make such a claim, even though it would be completely accurate.

So where did the attorney and lead plaintiff get the false idea that electronic cigarettes are very bit as dangerous as the real ones?

Clearly, they got this idea from the deceptive claims being made by health groups, including the CDC, FDA, and California Department of Public Health.

The CDC has gone to great lengths of deception and dishonesty to try to convince the public that e-cigarettes are just another form of tobacco use and that they offer no advantages to regular cigarettes.

The FDA has told the public that it is not sure cigarette smoking is any more hazardous than vaping.

And the California Department of Public Health insisted that smoking is no worse than vaping.

The campaign of deception being waged by these groups is clearly working. It has successfully undermined the public's appreciation of the severe hazards of smoking. And now it is leading to frivoulous lawsuits against the electronic cigarette industry.

1 comment:

Blogger said...

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