E-Cigarettes (Vapes)

E-cigarettes, also called vapes, vape pens, or electronic nicotine delivery systems (ENDS), heat a liquid into an aerosol that is breathed in. The FDA explains that these products use an "e-liquid" that usually contains nicotine derived from tobacco, plus flavorings, propylene glycol, vegetable glycerin, and other ingredients. Some use disposable pods or cartridges; others are refillable.

The FDA regulates e-cigarettes as tobacco products and says they are not risk-free: they deliver harmful chemicals and nicotine, which is highly addictive. Other hazards include liquid nicotine poisoning in children and battery fires or explosions.

E-cigarettes have produced major litigation. The largest involved JUUL, whose marketing and nicotine content were challenged by consumers, school districts, local governments, and states. In March 2024, a federal judge in San Francisco gave final approval to Altria's $45.5 million share of the JUUL consumer class settlement, bringing the total with JUUL Labs' $255 million to just over $300 million. Plaintiffs had alleged JUUL misled the public about how addictive and risky its products were and targeted teenagers with flavors and ads. JUUL also agreed to separate multimillion-dollar settlements with groups of states over its marketing.

Current vaping claims tend to involve addiction in young users, exploding batteries, and deceptive marketing. See our term page on JUUL pods, and our guides on class actions versus mass torts and how to sue a company.