Study Shows Increase in E-Cigarette Prop 65 Actions

E-cigarette Prop 65 actions and notices have increased dramatically in recent months due to claims of dangerous chemicals.

E-Cigarette Prop 65 Actions Demand Manufacturer Accountability

These eVapor products are being hit with e-cigarette Prop 65 actions despite the popularity of these products. E-liquid and electronic cigarette manufacturers, also known as eVapor makers, are increasingly receiving notifications about Prop 65 violations in California.

E-cigarette Prop 65 actions are being initiated by agencies and individuals who allege that dangerous chemicals inside these products are exposing users to health risks.

More than 165 private enforcement e-cigarette Prop 65 actions have already been started and 150 of those have been filed since 2016. The Safe Drinking Water and Toxic Enforcement Act of 1986, also referred to as Prop 65, contains a comprehensive list of chemicals that are known to expose consumers to health risks. The list of chemicals is reviewed and added to at least once annually based on new studies indicating the toxicity risks of chemicals

Health risks of chemicals listed under Prop 65 include the development of cancer or reproductive harm. Sixteen notices provided in these e-cigarettes Prop 65 actions warn eVapor makers that they are responsible for including a warning label either on the outside of their products or on the shelves their products are displayed on. Four listed chemicals have been named in e-cigarette Prop 65 actions: tobacco smoke, nicotine, formaldehyde, and acetaldehyde.

Nicotine is known as a reproductive toxic substance under Prop 65 and the others are named as carcinogens. All of these e-cigarette Prop 65 notices have been filed directly with the Center for Environmental Health, the agency responsible for handling the administration of alleged violation warnings.

Prop 65 requires that any significant amount of a listed chemical cannot be included in a product unless a clear/reasonable warning is affixed to the product, allowing the consumer to make an informed choice about whether or not to use it. These warnings need to be provided for the workplace, environmental exposures, and consumer products, unless the person responsible can show that the level in question does not have a significant risk for lifetime exposure

Many of the labels for products with dangerous substances need to indicate something to the effect of “Warning: this product contains chemicals known to the State of California to cause cancer.” The purpose of the label is to give consumers enough information to make a decision about what they purchase and use.

Those companies that receive an e-cigarette Prop 65 notice and fail to respond or correct the issue in question may be subject to penalties. There have been nearly 100 settlements associated with enforcement of Prop 65 in California since 2015 that has led to a combined $2.9 million in penalties and fees.

If you or someone you know believes that you may have grounds to initiate an e-cigarette Prop 65 action or any other violation of Prop 65, you should schedule a consultation with an experienced attorney.

The lawyers at Bradley/Grombacher are currently investigating claims on behalf of those who believe they have found a product violating Prop 65- if this is you, fill out the form on this page to learn more about your rights.