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Thursday, November 26, 2015
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Friday, November 20, 2015
E-cigarette explosions prompt three lawsuits in California
By: Hailey Branson-Potts
Vicente Garza was getting ready for bed in his Bakersfield home when he decided to use an electronic cigarette.
He lifted the device to his mouth, pushed the vapor button and started to inhale. Then it exploded near his face, badly burning his mouth and dominant left hand, which was holding the device. Doctors amputated Garza’s left index finger, and he had to undergo immediate surgery on his tongue after the Oct. 16 incident. He still can barely eat.
Garza’s attorney, Gregory L. Bentley, said Thursday that he had filed a product liability lawsuit against the e-cigarette’s manufacturer and designer, Flawless Vapes & Supplies, LLC; the Bakersfield store where Garza bought the battery and device, Luxor Cafe & Vape Lounge; and the Bakersfield store where he bought his e-cigarette charger, Vape Fame.
“I never in my life thought that something like this would happen,” Garza, 23, said at a Glendale news conference Thursday.
Garza’s is one of three e-cigarette explosion lawsuits filed by Bentley this week in Kern and Orange counties.
“E-cigarette explosions are becoming all too common as this industry is taking off,” Bentley said. “Consumers have the right to expect that products have been properly designed, manufactured and tested for safety before they are put into the marketplace.”
The suits allege the e-cigarettes and their components, including lithium ion batteries and chargers, were unsafe and that the businesses in the supply chains failed to properly warn of the defects.
Employees at Luxor Cafe & Vape Lounge and Vape Fame said they were unaware of Garza’s lawsuit. Other defendants in his and the other suits could not be reached for comment.
E-cigarettes constitute a multibillion-dollar industry, with millions of users, according to a 2014 report on e-cigarette fires and explosions by the U.S. Fire Administration. The report said e-cigarettes use lithium ion batteries that include flammable liquid electrolytes that can explode when they overheat, such as when they receive too much voltage while charging.
In September, a Riverside County Superior Court jury awarded a client of Bentley's, Jennifer Ries, nearly $1.9 million after she sued the distributor, wholesaler and store where she bought vaping devices that exploded. She was badly burned after a charging e-cigarette battery caught fire in her car. Bentley said that was the first e-cigarette explosion lawsuit to be tried in the country and that his phone has since been ringing nonstop with similar cases.Despite huge sales, the fledgling industry is largely unregulated, with few safeguards for consumer protection, Bentley said.
Bentley this week filed a suit in Kern County on behalf of Bakersfield resident Gregory Phillips, Jr., whose leg was burned in September when an e-cigarette battery exploded in his pocket. He required skin grafts. Phillips is suing the device’s seller, Bakersfield store Cigarette World 4.
Bentley also filed suit this week in Orange County Superior Court on behalf of retired former Los Angeles Galaxy soccer player Daniel Califf. In February, Califf was using an e-cigarette when it exploded near his face, blasting a large hole in his cheek. It gave him a concussion and set the room on fire, the suit alleges. Califf is suing the distributor of one of the device’s components, Washington-based UVAPER Inc., and the seller, Newport Beach-based 32nd Street Vapors, which closed but is now doing business as R&D Creations, according to the attorney.
(Click Here) to view original article.
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Tuesday, November 17, 2015
Vape-Shop Owners Chart New Ground
Entrepreneurs, who often are vaping enthusiasts, gain footing in New York City
By ANNE KADET, Nov. 13, 2015
When Mohammed Esa opened a Park Slope
candy and gift shop last fall, sales of sweets, treats and souvenirs were slow.
“It didn’t work out,” he concedes.
So he pivoted, transforming the store into a vape shop where folks
seeking a tobacco-free nicotine hit stop in for atomizers, heating coils and
batteries. He replaced the vast candy selection with hundreds of vaping liquids
ranging from his favorite, strawberry, to exotic varieties, such as “Feast of
the Undead” and “Alien Piss.”
While the candy store failed, Brooklyn Vape looks steady. “Now we’re
covering costs,” says Mr. Esa.
It’s odd there aren’t more entrepreneurs like Mr. Esa seizing the
opportunity.
According to figures released last week by the New York State
Department of Health, 13% of young adults and 6% of those over age 25 have
taken up vaping. But in a city with more than 10,000 licensed cigarette
dealers, there are fewer than 100 dedicated vape shops.
In many towns, industry experts say, there’s practically a vape shop
on every corner. It’s a business, after all, with low barriers to entry: all
you need is a few glass display cases and perhaps $30,000 in inventory.
But in New York City, vaping gained popularity just as the Bloomberg
administration hit Peak Nanny State, going after trans fats, soda, smoking and
salt. Few dared open a vape shop.
The pioneer was Spike Babaian, a former college professor and
dominatrix who says she opened the city’s first vaporium in 2011. “People were
afraid to invest the money and get banned,” says Ms. Babaian, who wears thick
black collars with two-inch spikes, “and so were we.” But she took the risk
anyhow.
The liveliest joint in Midtown these days might be VapeNY, one of
three shops she owns in the city. Customers crowd into the hazy, vapor-filled
store to swap news, sample flavors and leaf through Vape Magazine.
Dalton Perry, the store’s lanky young sales clerk, walked me
through an introductory tasting. He asked about my current smoking habit
(sporadic), and favorite brand (Marlboro Lights), before recommending a
low-nicotine dose of the store’s most popular flavor, NY4—a nutty caramel
variety with tobacco undertones.
“Anyone who smokes light cigarettes swears by it,” he said.
I puffed, choked and coughed on the sweet steam. It was like
inhaling a warm ice cream cone. Not bad!
For a moment I considered adopting a new pastime. But vaping, with
its oversize delivery devices and kiddie flavor options, feels too goofy, even
for me.
Plenty feel otherwise. The city’s vape shops are packed with
enthusiasts who, having quit smoking, embrace their pastime with the fervor of
the newly converted.
Shopkeepers are of similar ilk. Industry consultant Norm Bour, founder
of VapeMentors, says most vaporium owners are folks with zero retail
experience—enthusiasts eager to share their passion.
Passion doesn’t guarantee success, but business challenges are eased
by the industry’s relatively high profit margins.
While profit margins on vaping devices, which run from $30 for a
starter kit to $200 for a vaporizer with digital voltage and heat settings
hover around 35%, a 15-milliliter bottle of “juice” that wholesales for $2 can
easily retail for $10.
Of course, local shops must compete with online stores offering
rock-bottom prices. For Peter Denholtz, co-founder of Henley, a shop
with locations in Gramercy and Soho, the solution is branding. His shop offers
Henley-labeled T-shirts, vaping devices and liquids.
“Our brand stands for freedom, self-expression, innovation and
finding your own direction,” says Mr. Denholtz, a former smoker who prefers a
custard-flavored vape.
His lounge-like vaporiums, meanwhile, feature barbecues, burlesque
shows, comedy nights and cloud-blowing contests.
The events are essential for attracting new customers and building
the loyalty of hard-core vapers—the obsessive young men who, he says, “account
for 10% of the revenue and 90% of the cred and reputation you need for a vape
store.”
But now, competition is moving in. This year, California-based chain
Beyond Vape opened five New York shops, bringing its total to eight. A ninth,
near Barclays Center, will open soon.
Partner Chris Chuang notes that New York City is not only
relatively underserved, it has among the highest cigarette taxes in the
nation—an incentive to smokers looking to switch.
Beyond Vape, which offers a rewards program and bars with six-page
tasting menus, focuses on neighborhoods like Williamsburg where an abundance of
ethnic restaurants and bars signal “young people open to trying new things,”
says Mr. Chuang.
The next hurdle? Industry experts say proposed FDA regulations could
render much of the industry’s products illegal.
But shop keepers aren’t fazed. “It’s not like I opened a copy store
or a liquor store,” says Mr. Denholtz. “I opened a store in an industry where
the story is yet to be told. As an entrepreneur, what’s more exciting than
that?”
Write to Anne Kadet at Anne.Kadet@wsj.com - Wall Street Journal (CLICK HERE) to view the original article.
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Tuesday, November 3, 2015
Pediatricians Group Aims to Vaporize Kids' Access to E-Cigs
"We know that 95%
of adults who are tobacco-dependent began smoking before age 21, and most
before age 18," said Karen Wilson, MD, from the Children's Hospital
of Colorado in Aurora and chair of the AAP Section on Tobacco Control.
"If present trends
continue, 5.6 million of today's youth will die prematurely of
tobacco-related diseases," she said.
The policy statement was released
during a press briefing at the AAP 2015 National Conference in Washington, DC,
and published in the November issue of Pediatrics.
"There is no safe
level of tobacco smoke exposure," Dr Wilson said. The developing brains of
children and teens are particularly vulnerable to nicotine and tobacco
dependence.
Tobacco is the only
consumer product that, when used as intended, causes disease and death. It is
also heavily promoted to children and teens through the addition of sweet
flavorings and the use of novel electronic nicotine delivery systems.
Electronic Nicotine Delivery Systems
"Electronic
nicotine delivery systems have the potential to addict an entire new generation
of youth to nicotine and to reverse the progress we have made over 50 years of
tobacco control," said Dr Wilson. The devices are attracting youth who
might not otherwise have used tobacco products, and research has shown that
those who start with electronic devices are more likely to move on to smoking
combustible tobacco, she explained (JAMA Pediatr.).
Emissions from
electronic nicotine delivery systems are not water vapor, but rather an aerosol
suspension of fine particles that can be inhaled by nearby nonusers. These have
been found to include polycyclic aromatic hydrocarbons, nicotine, volatile
organic compounds, and metal and silicate particles, she reported.
Another policy statement released at
the same time addresses the dangers of these systems.
From 2011 to 2014,
there was a 650% increase in the use of electronic nicotine delivery systems by
middle-school students — from 0.6% to 3.9%, according to the statement. And in
high-school students, there was an 890% increase — from 1.5% to 13.4%.
Currently, electronic
nicotine delivery systems that do not purport to help with tobacco cessation
are not regulated at all, and there are no restrictions on selling them to
teens too young to buy cigarettes, Dr Wilson reported. Consequently, they are
widely available in vape shops, malls, gas stations, convenience stores,
grocery stores, pharmacies, and over the internet.
The AAP is recommending
a ban on the sale of such devices to anyone younger than 21 years, and a ban on
flavoring agents.
Unregulated vials of
concentrated, and often flavored, nicotine solution that are sold for use with
electronic devices are dangerous. "There has already been one child death
from exposure to nicotine-containing solution," Dr Wilson pointed out.
To address that issue,
the policy statement calls for solutions containing nicotine to be dispensed in
child-resistant packaging and in containers small enough to ensure that amounts
would not be lethal if swallowed by a small child.
It also recommends that
any advertising of the devices and solutions that can be viewed by youth be
banned, that all internet sales be banned, and that any movie, television show,
or video game that depicts an electronic nicotine delivery system have an adult
rating.
Proposed FDA Rule
The AAP statements
parallel regulations proposed by the US Food and Drug Administration (FDA)
Center for Tobacco Products, which would greatly expand the agency's authority
to regulate tobacco products and delivery devices.
The proposed rule would cover
electronic nicotine delivery systems, cigars, little cigars and cigarillos,
dip, chew snus, pipe tobacco, waterpipe tobacco, nicotine gels and
dissolvables, e-cigarette cartridges, air and smoke filters, tubes, papers,
pouches, and flavorings.
However, the proposal
was hit by a storm of objections that included more than 135,000 comments, many
from 71 different write-in campaigns objecting to the regulation of
"premium" cigars.
The final revised rule
was submitted to the Office of Management and Budget on October 19,
according to FDA Press Officer Michael Felberbaum.
That office "is
required to review all significant regulatory actions and has 90 calendar days
to review rules. However, this timeframe can be extended to allow for
additional interagency discussion. At this time, the FDA cannot provide any
further comment until the final rule is published," Felberbaum told Medscape
Medical News.
An AAP clinical practice policy to
provide guidance to clinicians on the screening of children's tobacco exposure
has also been released. It recommends routine screening for electronic nicotine
delivery systems, anticipatory guidance to prevent smoking initiation,
counseling for youth and parents about the risks associated with electronic
systems, and the treatment of tobacco dependence in parents and caregivers.
Dr Wilson has disclosed
no relevant financial relationships.
American Academy of
Pediatrics (AAP) 2015 National Conference. Presented October 23, 2015.
(CLICK HERE) to view original article.
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