LegalNewsLine Logo  
Saturday, February 11 2012 Twitter  feedburner  yahoo  Subscribe in NewsGator Online
News | Contact LegalNewsline | About Us | Advertise | RSS
Enter search keyword
 
clear
clear
NEWSLETTER
Receive our FREE weekly newsletter
click here
Today's Offers:

LNL MOST POPULAR ARTICLES
+ Vermont GOP wants Sorrell to look into possible union bullying
+ Hood critical of bill that would allow officials to hire outside attorneys
+ More than 40 states have signed on to proposed mortgage deal
+ Study shows plaintiff bias in Philly courts
+ Man, startled by bottle rocket shot out of anus, sues frat
LNL HOT TOPICS
+ Asbestos
+ Big Pharma
+ BP Oil Spill
+ Class Action
+ Dickie Scruggs
+ Federal Government
+ Financial Crisis
+ Global Warming
+ Hurricane Katrina
+ Lead Paint
+ Sub-Prime Mortgages
+ Tobacco
State AGs 
story date  
E-Cigarette company faces legal fights on multiple fronts
brown.jpg
Jerry Brown (D-Calif.)
clear
kroger.jpg
John Kroger (D-Ore.)
clear
ellen-corbett.jpg
Ellen Corbett (D)
SACRAMENTO, Calif. (Legal Newsline)-Officials in California are making a strong push against one of the largest electronic cigarette retailers in the United States.

It seems that the manufacturer -- Smoking Everywhere LLC -- is facing attack on at least two fronts in the Golden State: from the attorney general and a leading state lawmaker.

State Attorney General Jerry Brown, a Democrat, is suing Smoking Everywhere, alleging that the Sunrise, Fla.-based company is targeting minors in its marketing and making "misleading and irresponsible" claims that its tar-free alternatives to traditional cigarettes are safe.

"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."

For its part, Smoking Everywhere claims that their products, which come in a range of flavors including mint, strawberry and chocolate, are designed to replicate smoking without some of the harmful side-effects of a traditional cigarette.

The electronic cigarette functions by vaporizing a liquid nicotine mixture that is derived naturally from tobacco plants. The user inhales vapor without the fire, flame, tar, carbon monoxide, ash or smell of traditional cigarettes.

In his lawsuit filed in Alameda County Superior Court, Brown is seeking to bar Smoking Everywhere from doing business in California until the company can prove that its products are safe and approved by the U.S. Food and Drug Administration.

A similar lawsuit was filed last year against Smoking Everywhere by Oregon Attorney General John Kroger, a Democrat. The case is pending, a Kroger spokesman said Thursday.

Complicating the two state cases could be a recent ruling by U.S. District Judge Richard Leon of the District of Columbia, who in a 32-page opinion found that the FDA has no authority to regulate electronic cigarettes.

If Brown's lawsuit did not mean enough legal trouble for the company in California, a state senator here has renewed her push to curb the sale of so-called e-cigarettes. But this time she is just targeting sales to minors.

State Sen. Ellen Corbett, D-San Leandro, introduced her measure the day after Brown filed his lawsuit.

Corbett, chairwoman of the Senate Judiciary Committee, had a bill last year that would have banned the sale of e-cigarettes in the state entirely but the legislation was vetoed by Republican Gov. Arnold Schwarzenegger.

This year's Senate Bill 882 would take effect immediately upon the governor's signature.

"I am pleased to see the attorney general joining this very important fight against these deceptive and harmful products," Corbett said in a statement. "We hope to move this urgency bill to the governor as quickly as possible to try to keep these addictive products out of the hands of minors."

From Legal Newsline: Reach staff reporter Chris Rizo at chrisrizo@legalnewsline.com.

Filed Under: State AGs

E-mail this article to a friend | Printer friendly format

MORE NEWS HEADLINES:
+ Okla. AG defends his decision not to join mortgage settlement - 2/10   read more
+ Payday lender ruled in contempt of Wis. settlement - 2/10   read more
+ Bill limiting Miss. AG's authority dead for breaking rules - 2/10   read more
+ Vermont GOP wants Sorrell to look into possible union bullying - 2/10   read more
+ Madigan recovered more than $1M for workers in 2011 - 2/10   read more
+ Mass. AG recovered $5M from labor violations - 2/10   read more
+ Blog: Mortgage settlement not all that great - 2/9   read more
+ Report: Va. AG sues over health spa memberships - 2/9   read more
+ N.H. AG settles with PetSmart over cadmium allegations - 2/9   read more
+ Conn. utilities board rules for Jepsen's motion - 2/9   read more


IN THE SPOTLIGHT:
garrett.jpg
Wednesday, February 08, 2012
PHILADELPHIA (Legal Newsline) - A roundtable of federal and state judges from across the country will convene at the posh Ritz Carlton on Feb. 9 to address topics such as "Can MDL's keep up with state court trial settings;" "Priority of deposition examination;" "State and federal cooperation;" and "Forum non conveniens."
Read more...


+ Study shows plaintiff bias in Philly courts - 2/6
+ Fannie Mae offers examples of routine dishonesty in its fight against lenders - 2/3
+ Quaker City courts have troubled history; some reject 'plaintiff-friendly' criticism - 1/31
+ Madison County asbestos docket feeds off intake firm referrals - 1/19
+ Torts conference set for Feb. 8 in Philly - 1/18
BROWSE BY STATE:
 
BROWSE BY AG:
 
BROWSE BY DATE:
 
NEWS WIDGET:
Attention bloggers:
Add Record Headlines to your site!


fast + free- click here
NEWS | CONTACT LEGALNEWSLINE | ABOUT US | ADVERTISE | RSS © 2008 LegalNewsLine.com. All Rights Reserved.