The Electronic Nicotine Delivery System (ENDS) industry has earned a reputation for innovation and for providing millions of users with alternatives to products containing tobacco and nicotine. These innovative products have helped people around the world quit using combustible tobacco products and avoid the health risks often associated with their use.
As with nearly every industry, however, the ENDS industry is vulnerable to product liability litigation. ENDS manufacturers must also consider a future that features an increasing number of product liability suits, class action litigation and other potentially disastrous legal issues. Consider these facts:
10% of all injury cases are associated with defective products
More than 100 product liability lawsuits were filed for e-cigarette explosions in 2017
The average verdict against companies in product liability cases is $4.8 million
Compounding the threats faced by the ENDS industry is few experienced lawyers understand the industry and even fewer have focused on the legal issues the industry faces. Our Tobacco and Nicotine Alternatives attorneys are the exception.
A key element of the representation our team provides manufacturers – especially those in new, developing industries – is their belief in taking preventive steps well before a client is sued. We focus on properly positioning clients before litigation is on the horizon so those clients are prepared if they are sued. This focus will in many cases prevent litigation or lead to lower settlements. Additionally, this approach may reduce the legal expenditures clients will face and decrease the toll litigation takes on clients.
