Vaping Injuries and Deaths: Regulatory Framework, Claims, and Defenses

Ms. Abrams is involved in the firm's product liability and mass tort cases, involving consumer fraud and false advertising of dangerous or defective products.

Mr. Alpert is a Partner in the Commercial, Class Action and Products Liability Litigation Practices. He has represented clients in a wide variety of complex, high exposure litigation matters throughout the United States.

Ms. Dugas has experience representing a broad range of clients in complex litigation and arbitration matters, including intellectual property litigation, business torts, class actions, insurance and reinsurance disputes, and products liability cases in state and federal courts.

Mr. Heyer is a partner in Thompson Hine LLP's Washington, D.C. office and leads the firm's vaping industry practice. He was integrally involved in the first federal lawsuit in 2009 that successfully challenged FDA's categorization of ENDS products as unapproved new drugs or medical devices. Over the years, Mr. Heyer has counseled and represented both foreign and domestic ENDS device and e-liquid manufacturers, wholesalers, distributors, and retailers on all manner of federal and state regulatory compliance issues, on the preparation of pre-market tobacco applications (PMTAs), in significant transactions, and in litigation, including Proposition 65 litigation, patent litigation, contractual disputes, product liability claims, a constitutional case that successfully challenged Indiana’s statutory scheme regulating the manufacture of e-liquids, the case challenging New York’s flavor ban, and litigation related to the accelerated May 2020 PMTA deadline.

Ms. Nehmens' practice focuses on product liability, pharmaceutical litigation, and mass torts. She has been at the forefront of exploding battery/e-cigarette cases, co-leading the firm’s exploding e-cigarette practice and securing hundreds of thousands in settlements for her clients. Ms. Nehmens is also involved in addiction and physical injury cases against Juul. In addition to her work at the trial level, she has practiced in the Court of Appeals in both California and Texas. Before joining Levin Simes Abrams, Ms. Nehmens practiced criminal defense in Boston at both the trial and appellate levels. She second-chaired murder and other serious felony trials, and successfully secured post-conviction DNA testing for one of her clients.