Vape Law is Booming

Posted 15th June 2017 by Dave Cross
Lawyers the world over are rubbing their hands thanks to a rise in the number of vape-related cases they are handling. Ecig litigation and law drafting specialists are in demand following the boom in vaping. Governments are drafting laws to restrict the technology, companies are fighting each other for intellectual property rights and vapers are seeing accidents as an opportunity to sue.

In Australia, where vaping is as good as banned, a group of shop owners have contracted a legal team to push for a last minute appeal. The Australian Vaping Advocacy, Trade and Research group is pushing South Australia to not enforce the ban on advertising. 

“The government might as well turn to South Australian voters and say: ‘we’re not interested in our revenue, we’re not interested in our coffers, we’re not interested in having money come in’,” said one store owner – adding that he’ll move his business elsewhere if their requests aren’t met.

A representative of the Parliamentary Select Committee on e-cigarettes replied: “In line with the Select Committees’ recommendations, it is proposed that the sale of e-cigarettes through any indirect means, such as online or by telephone, will be prohibited to assist in reducing access to these products by children.”

Phillip Morris has created a situation to fill lawyers bank accounts thanks to their “illegally importing and selling their new Heat-not-burn reduced risk tobacco product in New Zealand,” according to Doctor Natalie Walker. She applauded the government’s decision to prosecute the tobacco company “because they think they are above the law. Their behaviour is arrogant and disrespectful - and we should be enraged.”

In the States, the National Law Review reports that ecig-related cases are starting to pile up due to a lack of experts. It (correctly) states that “a niche market that was once controlled primarily by small, independent manufacturers has caught the attention of the well-known Big Tobacco players who have started to manufacture their own brands of e-cigarettes over the last few years.”

“Each of the major players in the e-cigarette market (Reynolds, Altria, Fontem, etc.) have spent the last few years buried in patent litigation relating to various component parts of their e-cigarettes. While Fontem and Nu Mark, a subsidiary of Altria, resolved many of their claims in a publicised settlement earlier this year, Reynolds and Fontem remain steeped in litigation, requesting Inter Partes Review over several of their e-cigarette patents.”

Meanwhile, in the UK, criminals have been taking advantage of the change in the law with respect to vaping. Wrexham Council’s Trading Standards team warns that someone has been visiting vendors in he area claiming to be a Trading Standards officer.  The stores received a phone call prior to his visit, stating that he would be removing all samples of their eliquid stock that no longer complied with the 10ml maximum. The Trading Standards team said that worried businesses can contact them on 01978 298997.

 Dave Cross
Article by Dave Cross
Freelance writer, physicist, karateka, dog walker