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Orange County woman claims deceptive advertising against e-liquid sellers

By Robbie Hargett | Dec 2, 2015

LOS ANGELES (Legal Newsline) – An Orange County woman is suing manufacturers and sellers of e-cigarette products over allegedly deceptive misrepresentation of their e-liquids.

Jennifer Cox, individually and for all others similarly situated, filed a class action lawsuit Nov. 23 in U.S. District Court for the Central District of California, Southern Division against Cuttwood, Molecule Labs, Jared Unger, Michael Guasch, Art Chambers, William Ruiz, and Does 1-10, alleging violations of California's Consumers Legal Remedies Act, California's Unfair Competition Law, California's Deceptive False and Misleading Advertising Law, and breach of express warranty.

The defendants manufacture, sell, and distribute the Cuttwood brand of e-liquids used in electronic cigarettes. Cuttwood's e-liquids contain hazardous substances known as diacetyl (DA) and acetyl propionyl (AP), which are safe to eat or drink, but the inhalation of which is known to cause certain serious lung conditions, chronic obstructive pulmonary disease and emphysema, the complaint states.

The suit states certain flavors of the defendants' e-liquids contain the highest concentration of DA and AP levels of any e-liquid, but Cuttwood's warning label does not provide a full list of other carcinogenic ingredients and disease-causing substances contained in its products.

The suit states independent laboratory tests have shown the Cuttwood's e-liquids contain far detectable amounts of DA and AP, though the defendants did not disclose or acknowledge these results.

As a result of the defendant's deceptive, false, and misleading claims, the plaintiffs and others in the class have purchased its e-liquids without being advised they contain toxins and impurities that pose potential health hazards.

The plaintiffs and other members in the class seek a judgment requiring the defendants to disgorge or return all monies, revenues, and profits obtained by any wrongful act or practice; enjoining the defendants from continuing the described unlawful practices; and awarding exemplary and punitive damages, equitable remedies, attorney fees and costs and interests.

Cox and the putative class are represented by attorneys Brian D. Chase and Jerusalem F. Beligan of Bisnar Chase in Newport Beach, and by attorney Jose Garay in Irvine.

U.S. District Court for the Central District of California, Southern Division Case number 8:15-CV-01961-GW-JCG

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