A class action failure-to-warn lawsuit against e-cigarette companies was thrown out by the Central District Court of California last week. The suit, filed by plaintiffs from CA, IL, and NY, included claims that the accused companies, including Lorillard Tobacco Co. and Reynolds American Inc. (which bought Lorillard in 2014), deceptively advertised the health benefits of e-cig products over traditional cigarettes.
The judge ruled federal law superceded state regulations citing the U.S. Food and Drug Administration (FDA)’s rule making e-cigarettes subject to the Family Smoking Prevention and Tobacco Control Act. Under Federal law tobacco products only need to carry a warning regarding the addictive properties of nicotine. States cannot mandate stricter labeling requirements.
The only claim that appears to have survived is