Product Liability Archives | Clifford Law Offices https://www.cliffordlaw.com/category/product-liability/ Fri, 11 Oct 2024 00:06:37 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.5 https://www.cliffordlaw.com/wp-content/uploads/2022/12/cropped-favicon-02-01-32x32.png Product Liability Archives | Clifford Law Offices https://www.cliffordlaw.com/category/product-liability/ 32 32 Shannon McNulty Discussed Latest Government Lawsuit Attacking High Cost of Insulin on WGN Radio https://www.cliffordlaw.com/shannon-mcnulty-to-speak-on-wgn-radio-this-afternoon-on-latest-government-lawsuit-attacking-high-cost-of-insulin/ https://www.cliffordlaw.com/shannon-mcnulty-to-speak-on-wgn-radio-this-afternoon-on-latest-government-lawsuit-attacking-high-cost-of-insulin/#respond Wed, 25 Sep 2024 17:16:46 +0000 https://www.cliffordlaw.com/?p=47352 Shannon McNulty, partner at Clifford Law Offices, joined host Lisa Dent on WGN 720 AM Radio on September 25th to discuss the government filing a lawsuit against the country’s three largest pharmacy benefit managers (PBMs). A PBM is a third-party company that manages prescription drug benefits for clients like health insurers, Medicare Part D drug plans, and large employers. PBMs act as intermediaries between health insurance companies and pharmacies. The US Federal Trade Commission has...

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Shannon McNulty, partner at Clifford Law Offices, joined host Lisa Dent on WGN 720 AM Radio on September 25th to discuss the government filing a lawsuit against the country’s three largest pharmacy benefit managers (PBMs). A PBM is a third-party company that manages prescription drug benefits for clients like health insurers, Medicare Part D drug plans, and large employers. PBMs act as intermediaries between health insurance companies and pharmacies.

The US Federal Trade Commission has sued the nation’s three largest PBMs, alleging that they have steered patients to buy higher-priced insulins to reap more profits.

Shannon explained how this impacts patients and what the government’s lawsuit is trying to do against the three PBMs that control 80 percent of this business.

 

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Bob Clifford Authors Article About Numerous Toxic Baby Formula Cases in Illinois https://www.cliffordlaw.com/toxic-baby-formula-cases/ https://www.cliffordlaw.com/toxic-baby-formula-cases/#respond Tue, 02 Jul 2024 12:00:39 +0000 https://www.cliffordlaw.com/?p=46808 Following a $60 million verdict in downstate Illinois on behalf of the parents of a twin who died from tainted baby formula, hundreds of parents are awaiting trial against some formula makers where medical research has linked their cow milk-based product to a dangerous neonatal medical condition known as necrotizing enterocolitis (NEC). NEC is an intestinal disorder causing intestinal inflammation that may cause holes in the intestine. Bacteria from the intestine can leak into the...

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Following a $60 million verdict in downstate Illinois on behalf of the parents of a twin who died from tainted baby formula, hundreds of parents are awaiting trial against some formula makers where medical research has linked their cow milk-based product to a dangerous neonatal medical condition known as necrotizing enterocolitis (NEC).

NEC is an intestinal disorder causing intestinal inflammation that may cause holes in the intestine. Bacteria from the intestine can leak into the abdomen or blood, causing serious illness or deadly blood infections.

These newborn NEC formula lawsuits generally allege that the makers of these formulas knew of the risk of NEC and did nothing to warn families and continued to market them as safe.

Robert A. Clifford, founder and senior partner at Clifford Law Offices, authored an informative column on the pending cases in federal district court.

“The U.S. Food and Drug Administration in October announced it had adopted guidelines in response to the massive baby formula recall and shortage in 2022 linked to a deadly pathogen. Authorities say new federal guidelines aimed at strengthening oversight and regulation of the U.S. powdered infant formula market are making an impact. In August 2023, the FDA issued letters of warning to three infant formula manufacturers as part of the agency’s ongoing commitment to enhance regulatory oversight to ensure the industry is producing infant formula under the safest conditions possible.”

Read more about this serious issue in Clifford’s latest column in the Chicago Lawyer, “Taking Shape.”

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Robert A. Clifford Authors Column on Where to Bring a Product Liability Lawsuit https://www.cliffordlaw.com/robert-clifford-authors-column-on-where-to-bring-a-product-liability-lawsuit/ https://www.cliffordlaw.com/robert-clifford-authors-column-on-where-to-bring-a-product-liability-lawsuit/#respond Thu, 18 Aug 2022 19:12:14 +0000 https://www.cliffordlaw.com/?p=39461 In the latest Chicago Lawyer publication, “Where’s the Line?” Robert A. Clifford, founder and senior partner at Clifford Law Offices, explains how consumers can pursue product liability claims when the defendant is out-of-state. A 2021 case out of the United States Supreme Court provides a simple, straightforward, common sense approach for consumers who are harmed by products marketed in their home state but manufactured in another state. Non-resident defendants cannot dodge jurisdiction in product liability...

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In the latest Chicago Lawyer publication, “Where’s the Line?” Robert A. Clifford, founder and senior partner at Clifford Law Offices, explains how consumers can pursue product liability claims when the defendant is out-of-state.

A 2021 case out of the United States Supreme Court provides a simple, straightforward, common sense approach for consumers who are harmed by products marketed in their home state but manufactured in another state. Non-resident defendants cannot dodge jurisdiction in product liability cases where they clearly conduct business and proactively reach out to consumers outside of where the product is made.

Mr. Clifford explains the issue further in his article by referencing two separate cases involving automobiles.

Click here to read the article.

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Robert A. Clifford Interviewed on WGN Radio https://www.cliffordlaw.com/robert-a-clifford-interviewed-on-wgn-radio/ https://www.cliffordlaw.com/robert-a-clifford-interviewed-on-wgn-radio/#respond Fri, 03 Jun 2022 11:00:44 +0000 https://www.cliffordlaw.com/?p=38794 Robert A. Clifford spoke to WGN host Lisa Dent on June 2, 2022, about liability involving several recent tragedies involving summer activities that appear to be safe. One involved the incident that tragically killed a Schaumburg mom and injured her young son and nephew while they were vacationing in Florida. Click below to hear Bob speak about the liability of those who operate activities like amusement parks, parasailing, and hot air balloons and how you...

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Robert A. Clifford spoke to WGN host Lisa Dent on June 2, 2022, about liability involving several recent tragedies involving summer activities that appear to be safe. One involved the incident that tragically killed a Schaumburg mom and injured her young son and nephew while they were vacationing in Florida.

Click below to hear Bob speak about the liability of those who operate activities like amusement parks, parasailing, and hot air balloons and how you can avoid getting hurt.

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Electric Scooter Safety Concerns in Chicago https://www.cliffordlaw.com/electric-scooter-safety-concerns-in-chicago/ https://www.cliffordlaw.com/electric-scooter-safety-concerns-in-chicago/#respond Wed, 12 Jan 2022 20:18:47 +0000 https://www.cliffordlaw.com/?p=37632 As cities adopt fleets of publicly shared e-scooters and bikes to increase transportation accessibility, concerns over riders’ and pedestrians’ safety also continue to rise.  According to the Consumer Product Safety Commission (CPSC), emergency room visits due to e-scooter, e-bikes, hoverboards and other micro-mobility products have increased 70% since 2018, with more than one third of those visits due to head injuries. Municipalities nationwide have struggled with the regulation of these products and their riders. There...

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As cities adopt fleets of publicly shared e-scooters and bikes to increase transportation accessibility, concerns over riders’ and pedestrians’ safety also continue to rise. 

According to the Consumer Product Safety Commission (CPSC), emergency room visits due to e-scooter, e-bikes, hoverboards and other micro-mobility products have increased 70% since 2018, with more than one third of those visits due to head injuries.

Municipalities nationwide have struggled with the regulation of these products and their riders. There are no federal laws that mandate a rider age limit, proof of license or insurance when riding a publicly operated e-bike or e-scooter. Some states and cities have adopted their own rules surrounding these rentals, but it continues to be a challenge to regulate by law. 

In 2019 the Chicago Department of Transportation unveiled a pilot program to offer public e-scooter access around the metropolitan area. The city allowed a shared partnership between three micro-electric mobility companies – Bird, Lime and Spin – introducing 10,000 mobility units throughout the city. 

During the initial pilot, the public voiced concerns over crowded sidewalks, injuries and inexperienced riders, expressing the new transportation service was more hassle than help. A study from the Insurance Institute for Highway Safety (IIHS) found that e-scooter programs lacking a clear vision and expectation for safety policies pose a risk for riders and, specifically, pedestrians. IIHS studies also concluded that the significant majority of e-scooter related injuries occurred on the sidewalk

Data from Chicago’s pilot program showed that 1 in every 2,200 rides resulted in an emergency room injury, with two-thirds of those injuries from first-time riders. These numbers demonstrate just how important it is for cities and riders to follow program guidelines.

In 2020, the City of Chicago implemented a contract with the same three micro-electric mobility companies under strict requirements in an effort to prioritize safety:

  • The legal riding age for scooters in Chicago is 18
  • Scooters must be tracked and stay within boundaries marked by electric fence
  • Scooters are required to have a lock-up feature to prevent theft
  • Speeds are limited to 15 mph
  • Scooters may only be ridden between 5 a.m. – 10 p.m.
  • Scooters may not be ridden on sidewalks
  • Scooter riders must follow traffic patterns
  • Helmets are required while riding
  • DUI laws can apply to scooter riders

After a brief hiatus, e-scooters and e-bikes are expected to return to the Windy City in 2022 in a new two-year program with Bird and Lime that will pick up where previous programs left off. Citizens expressed their concern at town hall meetings, prompting the initiation of “geo-fencing technology” that will detect when riders are on the sidewalk. The city of Chicago remains hopeful to keep their sidewalks clear of clutter and eliminate the safety threat to pedestrians; however, the city is requiring the independent companies to regulate their own fleets, their riders and set user boundaries. 

If you or a loved one have been involved in any kind of electric scooter accident, it’s a good idea to contact a Chicago transportation accident lawyer about your case. Whether you were a rider, a pedestrian or in another vehicle, you may be entitled to compensation to pay for damage to property, medical bills, loss of wages and other expenses related to your accident injuries.

Contact the skilled and reputable team at Clifford Law Offices, one of Chicago’s leading personal injury firms by calling (312) 625-6192 or filling out this form.

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Vaping – The Next Wave of Lawsuits https://www.cliffordlaw.com/vaping-the-next-wave-of-lawsuits/ https://www.cliffordlaw.com/vaping-the-next-wave-of-lawsuits/#respond Wed, 29 Jul 2020 15:48:12 +0000 https://www.cliffordlaw.com/?p=34293 Vaping has become quite popular, particularly among young people who may be unaware of the dangers of nicotine addiction associated with this unsafe product. Among the major manufacturer of e-cigarettes and vapor pods is JUUL that reportedly controls 75 percent of the e-cigarette market and has marketed the products as a safer alternative to cigarettes, which has led to lawsuits alleging deception and misrepresentation in its failure to disclose that its products contain adverse health...

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Vaping has become quite popular, particularly among young people who may be unaware of the dangers of nicotine addiction associated with this unsafe product.

Among the major manufacturer of e-cigarettes and vapor pods is JUUL that reportedly controls 75 percent of the e-cigarette market and has marketed the products as a safer alternative to cigarettes, which has led to lawsuits alleging deception and misrepresentation in its failure to disclose that its products contain adverse health elements. Cigarette giant Philip Morris bought a 35 percent interest in JUUL in August 2019, for $35 million.

The way e-cigarettes (or vaping) work is by heating up nicotine-containing flavored oils that come in sealed replaceable, single-use pods that create a vapor that can be inhaled by the user. The devices are slim and easily fit in one’s palm or pocket. The enticement for younger people is that the product comes in different flavors camouflaging the nicotine taste. Evidence is being established that e-cigarette manufacturers deliberately marketed their products to children and teens, a vulnerable population in an effort to get them adducted at an early age.

The story made front-page news in September 2019, when a suburban Chicago teen was hospitalized for adverse health effects from vaping. He started vaping at age 16 and said his favorite flavors were mint and mango. The 18-year-old’s lungs reportedly looked like that of a 70-year-old after just two years of vaping use.

E-cigarette manufacturers have promulgated the idea that cigarette smokers can get their nicotine in a manner that somewhat replicates regular smoking experience but without the health risks that have been associated with nicotine use. Lawsuits have been filed against the e-cigarette manufacturers for failing to clearly state the dangerous chemicals contained in their products.  Last year, the Lake County State’s Attorney’s Office in Illinois filed a lawsuit against JUUL for violating the Illinois Consumer Fraud and Deceptive Practices Act.

The lawsuit alleges that between 2016 and 2018 “those who reported using e-cigarettes within the past 30 days increased 40% among 8th graders, 82% among 10th graders, and 72% among 12th graders.” According to the lawsuit, the e-cigarette industry had a 2016 market revenue of $7.1 billion, and the e-cigarette industry as a whole expected to see its valuation rise to $44.61 billion by 2023. JUUL is valued at $38 billion.

Millions of these devices are sold annually. According to the World Health Organization (WHO), vaping use has increased dramatically: from some 7 million in 2011 to 41 million in 2018.  Users are expected to reach 55 million by 2021. The United States is the largest market in the world.

The WHO cited several health concerns associated with vaping, pointing out that:

  • The long-term effects are unknown
  • Nicotine in the liquid that is vaporized in an e-cigarette is addictive
  • Users replacing the liquid in refillable e-cigarettes might spill the product on their skin, possibly leading to nicotine poisoning
  • Some sweeter flavors of e-cigarettes are irritants, potentially causing inflammation of the airways

Clifford Law Offices is investigating claims against JUUL and other manufacturers and is reviewing potential cases. If you or a loved one have been using JUUL products, particularly for those under 18 years of age who have subsequently become addicted to nicotine, call today for your free consultation at 312-899-9090.

www.CliffordLaw.com

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14,000 Baby Carriers Have Been Recalled Due to Safety Hazards https://www.cliffordlaw.com/14000-baby-carriers-have-been-recalled-due-to-safety-hazards/ https://www.cliffordlaw.com/14000-baby-carriers-have-been-recalled-due-to-safety-hazards/#respond Mon, 17 Feb 2020 17:41:20 +0000 https://www.cliffordlaw.com/?p=32777 Parents, take note. Around 14,000 Infantino baby carriers have been recalled due to a buckle on the product that can break and result in the child falling out, according to a report from CNN. The recall applies to Infantino’s Go Forward 4-in-1 Evolved Ergonomic, Flip Front2back, and Up Close Newborn infant carriers. These carriers were widely sold at Target and Amazon from November 15 to December 20, 2019. Four specific Infantino carriers were named as...

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Parents, take note. Around 14,000 Infantino baby carriers have been recalled due to a buckle on the product that can break and result in the child falling out, according to a report from CNN.

The recall applies to Infantino’s Go Forward 4-in-1 Evolved Ergonomic, Flip Front2back, and Up Close Newborn infant carriers. These carriers were widely sold at Target and Amazon from November 15 to December 20, 2019.

Four specific Infantino carriers were named as part of the recall:

  • Go Forward 4-in-1 Evolved Ergonomic Carrier (lot code 2018 0619)
  • Go Forward 4-in-1 Evolved Ergonomic Carrier (lot code 2018 0719)
  • Flip Front2back Carrier (lot code 2018 0719)
  • Up Close Newborn Carrier (lot code 2018 0719)

Consumers who bought one of these carriers can locate its lot code on the inside of the item. They can return carriers for a free replacement at the original place of purchase.

Each year, thousands of children are put at risk of injury and death because of defective nursery products like furniture, mattresses, and carriers. Recent data from the U.S. Consumer Product Safety Commission (CPSC) highlights an estimated 61,400 emergency department-treated injuries linked to such products. “High chairs, cribs/mattresses, and infant carriers were associated with 68 percent of the total estimated injuries,” the CPSC said.

Manufacturers of products for children need to be particularly careful in the testing and production of their consumer items because of the need for protecting those who are the most vulnerable members of our population. When that doesn’t happen, defective and dangerous products land on store shelves, increasing the risk of child injury and even death.

The CPSC has instructed consumers to, “immediately stop using the recalled infant carriers and contact Infantino for instructions on how to receive a free replacement carrier.”

If your child has suffered an injury because of a defective product, reach out to us today to start a conversation.

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Alarming Facts About Teenagers and Juul E-Cigarettes https://www.cliffordlaw.com/juul-e-cigarettes-facts/ https://www.cliffordlaw.com/juul-e-cigarettes-facts/#respond Thu, 23 Jan 2020 23:24:25 +0000 https://www.cliffordlaw.com/?p=32355 Of all electronic cigarettes (also known as “e-cigs”) on the market, the Juul is now one of the most popular devices. According to data from Wells Fargo, sales of the Juul have surpassed those of any other e-cig available, including those sold by major tobacco companies. The last couple years have also seen dozens of “knock-off” devices that attempt to imitate the Juul’s sleek, colorful design and pod-based delivery system. One could argue that these...

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Of all electronic cigarettes (also known as “e-cigs”) on the market, the Juul is now one of the most popular devices. According to data from Wells Fargo, sales of the Juul have surpassed those of any other e-cig available, including those sold by major tobacco companies. The last couple years have also seen dozens of “knock-off” devices that attempt to imitate the Juul’s sleek, colorful design and pod-based delivery system. One could argue that these copycat devices have only increased the popularity of the Juul itself.

Unfortunately, much of that popularity is with teens and young adults. Of the 27.5 percent of high-school students who use e-cigarettes, more than half say the Juul is their device of choice. And the Juul delivers more nicotine than any other e-cigarette on the market — each Juul pod contains roughly as much nicotine as one pack of cigarettes.

Nicotine is harmful to any user, but it is an especially dangerous drug to the adolescent brain, which is still developing. Nicotine can affect things like memory and concentration, and put young people at higher risk of developing future addictions to tobacco and other substances.

The statistics around teen usage of the Juul are alarming when considered in light of the device’s popularity:

According to the Centers for Disease Control and Prevention, roughly two-thirds of Juul users between the ages of 15 and 24 do not know that Juul contains nicotine. This is more than a little problematic, as nicotine is a highly addictive substance. As Robin Koval, CEO and president of Truth Initiative, said last year, “When you consider that more than 50 percent of current JUUL users aged 15-17 use the device three or more times a month and 25.3 percent used it 10 or more times, this is not experimentation — it’s a pathway to addiction,”

In keeping with that, the National Institute on Drug Abuse (NIH) noted in a study that teenage e-cig users are more likely to start smoking: 30.7 percent of e-cig users started smoking within six months, compared to just 8.1 percent of non-e-cig users who started smoking.

Advertising has played a major role in attracting teens and young adults to Juul. Although the company denies targeting that specific demographic in its campaigns, Juul’s original campaigns heavily featured youth-oriented imagery and themes, and often focused on social media channels. In fact, a 2018 study by JAMA Pediatrics found that 8 in 10 of Juul’s Twitter followers were between the ages of 13 and 20.

Juul has since agreed to a settlement to restrict its advertising practices when it comes to teens and young adults. Under the new guidelines, Juul may not advertise or promote its products on social media or media outlets where at least 15 percent of the audience is under 21. Nor can it advertise within 1,000 feet of schools or playgrounds. Juul is also prohibited from using models under the age of 28 in advertisements.

Nonetheless, e-cigarette use in general is on the rise. The National Youth Tobacco Survey reports that more than 5 million youth are currently using e-cigarettes, up from 3.6 million in 2018.

With both lawsuits and vaping-related injuries on the rise, Juul has a massive responsibility right now to ensure its product development, advertising, and outreach efforts do not further influence — and therefore endanger — the lives of American youth.

Clifford Law Offices stands behind the families affected by this crisis and the failure of large companies to responsibly market and manage their products. If you or your child has suffered an injury or developed a nicotine addiction due to the use of Juul e-cigarettes you may deserve compensation. Please reach out to us today to get your questions answered.

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What to Know About Juul Lawsuits in the U.S. https://www.cliffordlaw.com/juul-lawsuits/ https://www.cliffordlaw.com/juul-lawsuits/#respond Thu, 17 Oct 2019 18:02:23 +0000 https://www.cliffordlaw.com/?p=31485 With the U.S. in the midst of a vaping crisis, we at Clifford Law Offices want to help keep the members of our community as informed as possible about the dangers of e-cigarettes, especially when it comes to young people, and what victims of this industry can do to fight back. In recent months, there have been multiple deaths and hundreds of cases of lung injury related to the vaping devices and e-cigarettes made by...

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With the U.S. in the midst of a vaping crisis, we at Clifford Law Offices want to help keep the members of our community as informed as possible about the dangers of e-cigarettes, especially when it comes to young people, and what victims of this industry can do to fight back.

In recent months, there have been multiple deaths and hundreds of cases of lung injury related to the vaping devices and e-cigarettes made by Juul and other manufacturers. The U.S. Food and Drug Administration is considering a ban on flavored e-cigarettes, while some individual states want to ban all e-cigarettes.

Alarmingly, however, this has not stopped the spread of vaping and e-cigarettes, especially among America’s youths. Millions of teenagers have used an e-cigarette at least once, and they are not always aware that the substance they inhale contains nicotine and other harmful chemicals.

Both young adults and their parents have filed individual and class-action lawsuits against Juul in recent months, claiming vaping-related injuries as well as addiction due to marketing tactics intentionally aimed at these younger consumers and minors. We will likely see more of these lawsuits, not less, in the coming months.

What Is Juul?

Juul is a USB-shaped e-cigarette that delivers nicotine just as a regular cigarette would, only without the tobacco and other carcinogens. According to the company’s website, the battery-powered device uses pods, called “JUULpods,” filled with a liquid formula of glycerol, propylene, natural oils, extracts and flavor, nicotine, and benzoic acid. The device converts this liquid into a vapor the user then inhales.

The liquid cartridges come in a range of flavors: “fruit medley,” “creme brulee” and “mango,” to name a few.

Why Is Juul Harmful?

Juul vapors contain nicotine, a toxic substance that increases blood pressure and heart rate and can contribute to the hardening of artery walls, leading to heart attack. The substance is highly addictive, no matter the product in which it is delivered.

Juul, in particular, delivers more nicotine than any other e-cigarette on the market and uses nicotine salts, which allow high levels of nicotine to be inhaled more easily. Each JUULpod contains roughly as much nicotine as one pack of cigarettes.

But according to the Centers for Disease Control and Prevention, roughly two-thirds of Juul users between the ages of 15 and 24 do not know that Juul contains nicotine. For these users, nicotine is especially dangerous because it can harm adolescent brains, which are still developing. Besides affecting things like memory and concentration, nicotine can put young people at a higher risk of future addictions to tobacco and other drugs.

Juul and other e-cigarettes have other harmful substances besides nicotine. The e-cigarette aerosol, which many claim is a harmless vapor, can contain things like heavy metals, cancer-causing chemicals, and fine particles that can be inhaled deep into the lungs.

What Are the Lawsuits Against Juul?

Some of the lawsuits filed against Juul claim vaping-related injuries such as seizures and lung problems, and still others report mouth, hand, and body injuries due to defective Juul devices exploding.

A growing number of lawsuits have been filed that say Juul failed to disclose how much nicotine its products actually contain, and that teenagers became addicted as a result. Juul says its product is a safer alternative to traditional cigarettes. But as multiple lawsuits allege, they actually deliver higher doses of nicotine.

Juul also claims it does not market its product to teenagers, but Stanford University researchers analyzed Juul’s first three years of marketing campaigns and found that “Juul’s advertising imagery in its first [six] months on the market was patently youth oriented.” Additionally, Juul’s sleek design and focus on flavors suggest a push on the part of the company to win over younger consumers.

Reach Out Today

Clifford Law Offices stands behind the families affected by this crisis and the failure of large companies to responsibly market and manage their products. If you or your child has suffered an injury or developed a nicotine addiction due to the use of Juul e-cigarettes you may deserve compensation. Please reach out to us today to start a conversation.

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