vaping related

As consumer demand for loosely regulated vaping and e-cigarette products continues to rise, the manufacturers, distributors and retailers who sell vape supplies face increased risks and exposure to claims regarding allegedly defective products and other liability matters.

Hall Booth Smith’s Vaping/E-Cigarette Practice Group is led by knowledgeable attorneys with many decades of collective experience in defending clients in all manner of liability and personal injury claims in both federal and state court, as well as multi-plaintiff class actions.

We defend companies that manufacture, distribute and sell electronic nicotine delivery systems (ENDS), including vape pens, e-cigarettes, liquid nicotine pods, marijuana derivatives such as CBD and THC pods, additives and flavor compounds, batteries and other related components.

Our Vaping/E-Cigarette team brings extensive expertise and knowledge of the underlying causation issues and the interconnected scientific and medical considerations that are often at the core of vaping lawsuits, such as claims of lung disease, chronic bronchitis, chronic obstructive pulmonary disease (COPD) and other lung injuries and deaths related to vaping.

Because of the complex, opaque and global nature of most vaping products and components, establishing causation and liability hinges on whether there was indeed a product defect, counterfeit device, faulty battery or other components, or tainted material in the vaping or e-cigarette product.

Our team strategically investigates whether our client was in fact connected to the product in dispute. We exhaustively identify all other potentially related parties and assess whether it is possible to obtain jurisdiction, enforce a judgment or recover a contribution from these other parties should fault be found.

We also counsel our clients on identifying and managing risk across international supply chains, manufacturing operations and distribution networks in both the U.S. and foreign markets such as China.

In addition to defending companies that manufacture, distribute and sell electronic nicotine delivery systems (ENDS) and related vaping supplies, HBS offers complete business and day-to-day operational support to clients in the vaping industry, such as obtaining insurance, negotiating agreements, drafting business contracts, writing limitation of liability language for retail point of sale, creating label compliance and product packaging language, and writing instructions for proper use of the product. We also work with clients to register brands and trademarks, protect their intellectual property, and monitor relevant legislative and regulatory actions as well as proposed changes that may impact their business.