Brown Sues Electronic Cigarette Maker

Oakland-Attorney General Edmund G. Brown Jr. today sued Florida-based electronic-cigarette retailer Smoking Everywhere to prevent the company from targeting minors and making “misleading and irresponsible” claims that electronic cigarettes are a safe alternative to smoking.

“Smoking Everywhere launched a misleading and irresponsible advertising campaign targeting minors and claiming that electronic cigarettes do not contain harmful chemicals,” Brown said. “We are asking the Court to take these cigarettes off the market until the company has proven the products are safe.”

Electronic cigarettes, or e-cigarettes, are battery-operated devices with nicotine cartridges designed to look and feel like conventional cigarettes. Instead of actual smoke, e-cigarettes produce a vapor from the nicotine cartridge that is inhaled by the user. Smoking Everywhere, one of the largest e-cigarette retailers in the United States, claims in its advertisements that the e-cigarettes have no carcinogens, no tar, no second-hand smoke, and are therefore safe and healthy.

However, the U.S. Food and Drug Administration (FDA) has determined that electronic cigarettes contain a variety of dangerous chemicals, including nicotine, carcinogens such as nitrosamines and, in at least one case, diethylene glycol, commonly known as antifreeze.

Today’s lawsuit seeks to prevent the company from selling its products until there is evidence to substantiate its claims that they are safe. The lawsuit will also require the products to display the state-mandated Proposition 65 warnings of ingredients known to cause cancer or reproductive harm and seeks to prevent the company from making false and misleading claims and promoting the products to minors.

In one advertisement targeted to minors, Smoking Everywhere featured a video with radio show host Howard Stern claiming, “kids love ‘em.” The products feature flavors that appeal to youth, including strawberry, chocolate, mint, banana and cookies-and-cream.

Other ads claim that electronic cigarettes can help people quit smoking. To be advertised as a smoking-cessation device, a product must be approved by the FDA for that purpose. In fact, none of Smoking Everywhere’s products have been approved by the FDA.

The American Cancer Society, the American Heart Association, the American Lung Association, the Campaign for Tobacco Free Kids and other groups have expressed serious concerns about the safety of electronic cigarettes and urged that they be removed from the market until proof of their safety has been established. You could try the wax pens which is a much safer and healthier choice.

Cooper Foster

Nicotine is always addictive and you should limit consuming it*”.

green smoke

Nicotine is a horribly addictive substance but if you use an e cig at least you are not inhaling the 100s of nasty chemicals that are in normal cigarettes

Samantha Thomas

Nicotine is one of the most addicting substance in this world so avoid smoking cigarettes.;::


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Green Smoke E-Cigarettes
Well since the FDA has already gotten slapped down we’ll see how Mr. Brown does. They’re certainly healthier than traditional cigarettes which are legal, and most e-cigarette makers have no problems with proper warnings. I’m sure this will be the first of many more lawsuits to come, we’ve seen this… Read more »

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Electric Monkey

While the e-cig may not be harmless it’s definitely a better alternative to smoking then a traditional cigarette. However, it should not be sold to minors whether it’s safe or not.


[…] This post was mentioned on Twitter by Steve Topol, Steve Topol and chris, Lindsay. Lindsay said: Brown Sues Electronic Cigarette Maker: Imperial Valley Weekly Other ads claim that electronic cigarettes can he.. […]

The e-cigarette is a very promising industry, there is an electronic cigarette association, and there are many e-cigarette retailers in favor of creating some sort of standard to this industry. Also, who wrote this press release? Did you know anyone can write a press release and have it appear on… Read more »
He can’t sue Smoking Everywhere because there is already a case pending against the FDA in federal court. The American Cancer Society, the American Heart Association, the American Lung Association, and The Campaign for Tobacco Free Kids have a conflict of interest because they are funded by Glaxo-Smith Kline, Johnson… Read more »
Marlin Sanders

This is just another leach on society (lawyer) trying to make a buck!