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Last Updated: 02-08-2022

Hach & Rose LLP Initiate Strict Products Liability and Negligence Action for Damages Resulting From Defective Electronic Nicotine Vaporizer Devices

New York, New York — (September 22, 2016) – Hach & Rose LLP filed a lawsuit asserting strict products liability, negligence, consumer fraud and other claims against various entities responsible for the sale and distribution of electronic nicotine vaporizer devices – referred to as vaping devices – which malfunctioned due to defect and resulted in injury to the plaintiff. The lawsuit, GAGNON v. ECIGGITY LIMITED LIABILITY COMPANY et al, Civ no. 2:16-cv-05594-CCC-JBC (D.N.J.), names as Defendants ECiggity LLC, Shenzhen Smoore Technology Limited, Zhuhai Youde Technology Co., Ltd, as well as a number of unknown entities responsible for the sale and distribution of the Mod, Atomizer and other component parts purchased by the plaintiff, manufactured, distributed and sold by the defendants. Any interested individuals may obtain additional information from the attorneys for plaintiff, Michael Rose or Timothy Staines or John Blyth, at (212) 779-0057, toll free (866) LAWS-USA, or via email at mr@hachroselaw.com or ts@hachroselaw.com or jb@hachroselaw.com.

Developed in China around 2003, the vaping devices at issue were introduced to the United States market after being advertised as a healthier way to smoke tobacco. Since 2008, the number of U.S. vape shops has grown to about 8,500, and the sale of electronic cigarettes and supplies climbed to $3.5 billion. The devices were further marketed as a way to quit smoking traditional cigarettes, as some studies have purportedly showed that using e-cigarettes would be a good way to help a person quit smoking. However, in May 2016 the Food and Drug Administration finalized a rule extending its regulatory authority to cover all tobacco products, including vaporizers, vape pens, hookah pens, electronic cigarettes (E-Cigarettes), e-pipes, and all other Electronic -Nicotine Delivery Systems. Despite FDA regulation, these products were deemed to be explosion and fire risks by the United States Fire Administration, as widely reported in the press. Ultimately, as stated in the Complaint, the safety issues are becoming more and more prevalent, with injuries such as those sustained by plaintiff becoming more commonplace as a result of poor design, use of low-quality materials, manufacturing flaws and defects, and improper use and handling of Electronic Nicotine Delivery Systems and vaping devices. Nevertheless, despite these known risks and defects, manufacturers increased production without curing the known problems and retailers continued to market them to the public.

Hach & Rose, LLP is a personal injury law firm based in New York, NY dedicated to vigorously protecting the rights and interests of those who have been hurt due to the negligence or recklessness of another party, and the firm consistently achieves the top results in the State of New York representing accident victims.

Michael Rose, Esq., Timothy Staines, Esq., John Blyth, Esq.
Hach & Rose, LLP 185 Madison Avenue, 14th Floor
New York, New York 10016
Tel: (212) 779-0057 Fax: (212) 779-0028
Toll Free: (866) LAWS-USA
E-Mail: info@hachroselaw.com
 Website: www.unionlawfirm.com

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