Protecting Consumers’ Rights Against Tobacco & Vaping Company Misinformation

At Levy Konigsburg, we believe in protecting the rights of consumers, one case at a time. We’ve seen first-hand how tobacco companies can conceal the true danger of consuming their products. With new vaping technologies, the lines have become even more gray. The marketing has become more enticing to a younger audience. Let us help.

Vaping Products and Young Users – A Threat to Health

It is now well-known that the tobacco industry, starting in the 1950s, engaged in a fraudulent scheme to conceal the dangers of cigarettes and engineered its tobacco products to addict consumers starting when they were young teenagers. While the tobacco industry continues to sell traditional cigarettes that are defective and unreasonably dangerous products, a new threat to teenagers and young adults has emerged.

A New Age of Tobacco Lawsuits: Vaping & E-Cigarrettes

E-Cigarettes, also known as vaping products, have exploded in popularity among school-aged children as product packaging, marketing campaigns and flavors have been used to capture a new generation of smokers. The traditional cigarette and the E-cigarette or vaping products are “nicotine delivery devices”. As high-level tobacco executives often admitted privately, the tobacco industry is not in the cigarette business, they are in the nicotine business. Nicotine in cigarettes (or in any inhaled device) is a powerfully addictive drug that is even more difficult to quit than even cocaine or heroin.

While traditional cigarettes cause death slowly over a period of decades (with over 100,000 people dying each year from smoking-induced lung cancer) the long- term effects of E-cigarette vaping is unknown because the products are still new. However, the increasing popularity of E-cigarette vaping products (including JUUL) has already sounded alarms with a growing epidemic of “acute” (immediate) injuries and even death. The Food and Drug Administration has reported over 60 confirmed deaths from vaping and over 2000 cases of lung damage requiring hospitalization.

What Was the Big Tobacco Lawsuit?

A major court case against Big Tobacco was won in 2006 by the American Cancer Society and other plaintiffs. According to Judge Gladys Kessler, tobacco companies lied about the deadly effects of cigarettes and secondhand smoke to the American public.

Despite years of stalling and negotiating, today tobacco companies will have to run an extensive television and newspaper advertising campaign at their own expense, acknowledging the truth about their products.

ACS CAN and all Americans have won a major victory with this court case and advertising campaign.

How Do I Know if I Have a Tobacco or Vaping Lawsuit?

Tobacco lawsuits have been litigated now for decades with mixed results across many states. Our firm’s tobacco department, led by partners Jerome Block and Amber Long have a proven track record in tobacco cases with victories in New York in the Mulholland case against Philip Morris and the Clinton case against American Tobacco Company. Our firm also was lead trial counsel in a historic victory in a Massachusetts menthol lung cancer lawsuit in which the jury in the Summerlin case awarded $43.1 million dollars. In that case, the jury found against R.J. Reynolds Tobacco Company on plaintiff’s failure to warn claims, breach of implied warranty claims (based on both failure to warn and product design defect), fraudulent concealment, and punitive damages. The key to the Summerlin case, as in most tobacco cases, is the strong evidence of addiction of cigarettes. In closing argument in the Summerlin case, partner Jerome Block, started with this: “Addiction. Addiction goes to the heart of this case… Mr. Summerlin’s addiction to menthol cigarettes that were purposely designed to addict… they did things to make those cigarettes as addictive as they could. Mr. Summerlin’s addiction to menthol cigarettes… was established for years and years and years before there were any warnings on the pack.” The Summerlin tobacco jury verdict was featured as an episode of The Great Trials Podcast. Our law firm has upheld landmark jury victories against tobacco companies by defending verdicts on appeal and winning post-trial motions.

The firm is now applying its expertise gained through years of tobacco litigation to investigate potential E-cigarette or vaping death or injury lawsuits. The common thread between the traditional tobacco lawsuit and the E-cigarette vaping lawsuit is nicotine addiction that ultimately leads to injury or death. The firm is also investigating potential THC (marijuana) vaping product lawsuits. The FDA has documented cases of serious lung injury and death from both E-cigarette nicotine products and THC vaping products.


What Are the Health Risks of Vaping?

Two of the ingredients in vaping products have been linked to lung disease and cardiovascular disease in a study: propylene glycol and vegetable glycerin. E-cigarettes also contain a substance called acrolein, a herbicide, which has been linked to COPD and lung cancer.

What is in Vaping Juice?

The liquid used to produce the vapor inhaled in e-cigarettes most often contain nicotine, a highly addictive substance. Some vaping products contain THC, as well as heavy metals and chemicals known to cause cancer. Many of these products contain chemicals that produce flavors that are also harmful to human health.

What Attracts Teens to Vaping?

The fruity flavors of the vape juices are among the most used by teenagers who like the taste. The CDC (Centers for Disease Control and Prevention) reports that vaping by teenagers increased almost 800 percent over a three year period, with 80 percent of the surveyed young people reporting they used the products because they liked flavors such as candy, dessert, or fruit, as reported by the LA Times.

How to Seek Justice After Vaping Leads to Health Problems?

If you or a loved one used vaping products and have now developed a health condition such as breathing problems, lung complications, lung injuries, bronchiolitis obliterans organizing pneumonia, stroke, or other health issue, seek counsel from an attorney at a vaping litigation firm.

Have Vaping Lawsuits Been Successful?

Many lawsuits have been filed against vaping product manufacturers, including Juul, and big tobacco companies. Big Tobacco companies agreed to pay $246 billion over 25 years to settle lawsuits from 46 states, the District of Columbia, and five U.S. territories. This was the largest civil court settlement in history.

How Do I File an Injury Claim in a Vaping Case?

The injuries suffered by users of vaping products may allow for a claim or lawsuit to be filed against the manufacturers. Preserve any evidence, such as the e-cigarette unit, the vaping fluid. To file a claim, the supporting evidence will include medical records, scientific research study material, evidence of the length of time the products were used, and the frequency of use.

Why Choose Levy Konigsberg?

The litigation team at Levy Konigsberg represents victims in cases against vaping product companies. As seasoned litigators with an extensive history of positive case outcomes, the firm takes on Big Tobacco or other manufacturers to hold them accountable for the lies they have told, and for the damage they have caused to innocent people who used their products.

What is EVALI?

The CDC uses the term “EVALI” (e-cigarette or vaping product use associated injury) to describe a range of lung conditions experienced by users of e-cigarette products. The symptoms of EVALI include persistent cough, chest pain, breathing problems, nausea, vomiting, weight loss, and other dangerous conditions. The agency reports that since February 2020, 2,807 cases of hospitalization or death have been reported across the USA and its territories, along with 58 deaths in 28 states.

How Do THC Vaping Products Harm Young People?

THC, which comes from marijuana, has been linked to many health problems for regular users. Vaping products with THC can have a serious impact on the health of a young user. The drug is linked to brain development, learning, attention deficits, impaired learning, declined IQ, and memory problems. The Surgeon General of the USA has issued a report regarding the risks to developing brains, and risk to the health of the fetus when a pregnant mother uses these products.

How Long Do I Have to File a Vaping Lawsuit?

Every state has a specific statute of limitations that restricts the time allowed to file a lawsuit. The time allowed begins at a diagnosis of a lung condition or the date of a death related to vaping. It is imperative that your lawsuit is filed within the time restrictions in your state, or you will be barred from the right to seek compensation. For assistance, reach out to Levy Konigsberg immediately.


In 1994, Big Tobacco swore in front of Congress that nicotine was not addictive. That was a lie. Big Tobacco has spent countless dollars over the last 75+ years to make its tobacco products as addictive as possible while simultaneously insisting that nicotine is not addictive. The attorneys at Levy Konigsberg don’t buy into their lies. We proudly take the legal fight against Big Tobacco on behalf of lung cancer victims and their families from all corners of the country.


    Find out whether you have a case by speaking to one of our experienced lawyers via our 24/7 toll-free hotline or by submitting an email inquiry. Our attorneys will be quick to respond to you and happy to answer all of your questions.


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