MIAMI (Legal Newsline) - Cristian Ali filed a federal class action complaint on October 13 in the Southern District of Florida against 7-Eleven, Inc. for violation of Florida's deceptive and unfair trade practices act, negligent misrepresentation, breach of implied warranty of merchantability, breach of implied warranty of fitness for purpose and breach of Magnuson Moss Warranty Act.
According to the complaint, 7-Eleven sells a variety of tobacco products, including but not limited to e-cigarettes, including JUUL E-Cigarettes. Ali alleges that 7-Eleven markets JUUL e-cigarettes as a safer or at least comparable alternative to cigarettes when in fact they are not because a single JUUL e-cigarette delivers the same amount of nicotine as an entire pack of traditional cigarettes and JUUL e-cigarettes have a highly concentrated nicotine delivery system that causes users to easily become addicted.
The nicotine content in JUUL pods is much higher than in cigarettes as well as most other e-cigarettes, especially among those sold in the United States, the suit says. This is partly because the products contain protonated nicotine, which allows users to absorb higher concentrations than they would from products made with free-base nicotine. Ali alleges that 7-Eleven does not warn customers about the potency or dangers associated with the JUUL e-cigarettes.
Ali seeks a court order enjoining 7-Eleven from continuing to engage, use, or employ any unfair and/or deceptive business acts or practices related to the design, testing, manufacture, assembly, development, marketing and advertising of JUUL e-cigarettes, restoring all monies as a result of unfair and deceptive practices, declaratory judgment, actual damages, attorney's fees and cost of suit. Ali is represented by Joel Oster of Law Offices of Howard W. Rubenstein.
U.S. District Court for the Southern District of Florida case number 1:21-cv-23588-FAM