On Monday, Christian Ali filed a class action lawsuit in the Southern District of Florida against 7-Eleven, Inc. alleging deceptive marketing and misrepresentation of JUUL E-Cigarettes.
According to the complaint, 7-Eleven is an American company that operates an international chain of convenience stores with approximately 71,100 stores in 17 countries. Further, the complaint states that in addition to miscellaneous retail items, 7-Eleven also markets, advertises, distributes and sells various types of tobacco products, including e-cigarettes.
At issue in this case is defendant’s marketing and sale of JUUL E-Cigarettes which the plaintiff argues is misleading and deceptive. The plaintiff alleges that 7-Eleven markets JUUL E-Cigarettes as a safer or at least comparable alternative to cigarettes when, in fact, they are not a safe alternative because a single JUUL E-Cigarette delivers the same amount of nicotine as an entire pack of traditional cigarettes.
The plaintiff further argues that JUUL E-Cigarettes’ high concentration of nicotine causes users to become easily addicted to the harmful product. The complaint also states that JUUL E-Cigarettes have been associated with nicotine poisoning and other health issues and that the FDA has received numerous reports of JUUL users, primarily teenagers and young adults, who have suffered seizures and convulsions as a result of nicotine poisoning and toxicity.
The plaintiff alleges that 7-Eleven is and was aware that JUUL E-Cigarettes are deceptively addicting and unreasonably dangerous because, prior to the products debut, JUUL specifically informed 7-Eleven of the products’ chemistry in order to persuade them to purchase the e-cigarettes. The complaint states that despite the high concentration of nicotine in JUUL E-Cigarettes and 7-Eleven’s actual knowledge of its dangers, the defendant provides no warning that the products are far more potent and addictive than conventional cigarettes.
The plaintiff argues that, due to 7-Eleven’s deceptive and misleading marketing of JUUL E-Cigarettes, the plaintiff and similarly-situated consumers purchased the product expecting a safer or at least comparable alternative to cigarettes.
In the complaint, the plaintiff brings the following causes of action; violation of Florida’s Deceptive and Unfair Trade Practices Act, negligent misrepresentation, breach of the implied warranty of merchantability, breach of the implied warranty of fitness for purpose, breach of the Magnusom Moss Warranty Act and unjust enrichment.
The plaintiff seeks class action certification, enjoining the defendant from continuing to use any unfair and/or deceptive business acts or practices related to JUUL E-Cigarettes, restoring all money the defendant acquired from its unfair and deceptive trade practices, disgorgement of all ill-gotten gains, actual damages, attorneys fees and costs. The plaintiff is represented by the Law Offices of Howard W. Rubinstein as well as Sheehan & Associates.
