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The case is Ryan Mathias v. Smoking Everywhere, Inc., Case No. 9@:09-cv-03434-GEB-JFM, U.S. District Court, Eastern District of California.
Smoking Everywhere Electronic Cigarette Class Action Lawsuit Certified
By Mike Holter
A federal judge has certified a class action lawsuit against Smoking Everywhere, which accuses the electronic cigarette maker of lying that its electronic cigarettes are safe and non-toxic.
According to the Smoking Everywhere class action lawsuit, Smoking Everywhere falsely advertised that its electronic cigarettes are a safe alternative to traditional cigarettes, despite testing that revealed the presence of toxins and carcinogens in the products. Electronic cigarettes are not approved by the U.S. Food and Drug Administration.
Plaintiff Ryan Mathias alleges in the electronic cigarette class action lawsuit that he and other California consumers relied on Smoking Everywhere’s false representations that electronic cigarettes were safe and non-toxic, and suffered damages as a result. He is alleging the false advertisements violated the California Consumer Legal Remedies Act (CLRA) and the California Unfair Business Practices Act.
The judge agreed that the proposed class could prove they suffered damages and certified a class of all California residents who purchased Smoking Everywhere electronic cigarettes within the past four years.
The Smoking Everywhere false advertising class action lawsuit is seeking refunds for California consumers who purchased the electronic cigarettes, which retail for $49.99 per kit.
A copy of the certification order for the Smoking Everywhere Electronic Cigarette False Advertising Class Action Lawsuit
can be read here
Updated November 11th, 2011
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