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We represent e-cigarette/vape manufacturers, distributors, and retailers in litigation arising from allegedly defective devices in addition to their component parts, including lithium-ion batteries.

We were one of the first law firms in the United States to establish an e-cigarette/vape practice, and we maintain deep relationships in this industry. Our significant experience in traditional product liability matters equipped us to deal with the myriad of scientific and medical issues that arise in e-cigarette/vape matters. We work with clients to mitigate potential risks through pre-litigation strategies, including securing appropriate insurance coverage, preparing limitation of liability and warning language, and negotiating indemnity provisions in supply contracts. If litigation arises, we evaluate the potential for securing an early dismissal. We also conduct early fact investigation to determine if our client was connected to the subject product, what other products could have potentially been at fault, and what other parties could have been responsible, including plaintiffs themselves through product misuse or others in the product supply chain.

Understanding these causation and product/party identification issues early on, as well as the evolving landscape relating to joint and several liability and comparative fault, is critical to efficiently resolve these matters on terms beneficial to our clients and their insurers.

Ways We Can Help

  • Appropriate type of device or battery
  • Attainment of appropriate insurance coverage
  • Corporate matters
  • Limitation of liability language
  • Preparing warnings/point-of-sale language
  • Product and party identification and evaluation
  • Proper use of device language
  • Regulatory issues and industry standards
  • Scientific and medical causation issues
  • Trademarks and patents