Vape Radio 69: The Epidemic of Vape Space Lawsuits

January 22, 2016

There is a problem in this country and it has become epidemic in the vaping industry: the increasing number of lawsuits.

 

We are the most free society in the world, but sometimes we have too many freedoms. One of them is the ability to sue anyone you wish, whether you have grounds or not. Someone does you wrong? You sue. Were you guilty or were you not? It doesn’t matter, you still must defend yourself.

 

This show is an interview with by attorney Ryan McQueeney with ARNETT LAW GROUP, LLC in Chicago. McQueeney has been involved with Diacetyl lawsuits for over a decade and defended the REAL microwave popcorn manufacturers where some injuries did take place and employees got the first cases of popcorn lung.

 

He offers his experience as well as his opinions on popcorn lung, bogus lawsuits and rightful causes. Check it out and share your thoughts.

 

What you’ll hear today:

 

 

  • The first case of popcorn lung goes back to the early 2000’s. Nine out of 250 workers contracted the ailment at the plant
  • There were about 100 different ingredients that made up the butter flavoring. Diacetyl was the most prevalent and was the “smoking gun”
  • There are no guidelines as to what level of Diacetyl is “acceptable”
  • Most vape lawsuits are based on lack of warning (consumer law) rather than damage caused
  • Diacetyl is more prevalent in analog cigarettes than liquids, but smokers are damaged by worse injuries than popcorn lung

Talking points:

 

 

  • An adequate warning label may keep you away from trouble
  • Some believe we will major health issues in vapers over time

Some takeaways:

 

 

  • Be sure you have comprehensive warning labels
  • Having your products tested by a lab is a good idea.
  • Be careful what you put on your web sites and marketing material as well within internal communication
  • It is best to take a defensive position regarding liability
  • Get any and all harmful ingredients out of your products and, take the high road and know that you are a target for litigation whether you want to be or not
  • Get insurance! We recommend CalCo Commercial Insurance 
  • To contact Ryan: rmcqueeney@arnettlawgroup.com 312-561-5677

Today’s show is sponsored by “Your E-liquids.” Are you a retail shop without your own house line? Do you already have your own liquids but lack consistency or confidence that they are offering you a product you can stand behind?

 

Your E-liquids offers you a turn-key 8-week program to develop your own line and includes help with marketing, branding and expansion into a wholesale channel if you wish.

 

For information contact me here at Vape radio, at norm@vapementors.com

We’re offering a free webinar series on how to open a vape shop and will cover the Essentials and also offer a Masters course. If you are not on our mailing list, visit VapeMentors.com and sign up.

 

Future shows will offer our new program called 2016 Vape Industry Survival Guide and coming up soon is an interview with our old bud, Grimm Green. We’ll be talking about vaping products to sell as well as to bu.

 

Would you like to get your product, service or message in front of our targeted vape audience?

 

Vape Radio is the #1 vape radio show in the world with more than 1.2 million downloads, and over 120,000 unique views a month. We were one of the TOP TEN business podcasts of 2015 on Podbean and beat out more than 130,000 other shows. For just $750 you get your company integrated within THREE shows and we’re looking for TWO more advertisers to fill our spots; how about you! Contact norm@vapementors.com.Top10Podcastof2015badge.png

Thank you for joining us on show #69.

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Vape Radio 68: Interview with an FDA Legal Expert & An Activist Vape Shop Owner

January 14, 2016

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It's the Big Dogs vs. the Little Ones- the FDA vs. US- as we share two amazing interviews from two different perspectives. One is from the view of a brick & mortar shop owner and how they have been affected by regulations. The other is from one of the most esteemed vaping legal expert in the country.

What you’ll hear today:

 

 

  • Reports from OMB hearing participants and their feedback
  • The Montana Quit Line is promoting incorrect information and propaganda
  • The FDA was forced to address a new invention: e-cigarettes, and they had no idea how to do that
  • E-cigs were initially considered “drug delivery devices” until the Supreme Court decided against that
  • A draft of the FDA rules were leaked by an organization called TVECA. Catch VAPE radio show #65 with Tom Kiklas for details on that
  • The OMB got successively more educated with each hearing
  • The FDA may be just regulators but not enforcers
  • A coalition called Right to Be Smoke Free Coalition, (www.r2bsmokefree.org)  formed to fight the pending laws in Indiana and the possible FDA decision
  • Insight about the aggressive Indiana state agency’s efforts to control vape shops
  • After July 1, 2016 it may be impossible to sell liquids in Indiana

Talking points:

 

 

  • You cannot sit by without getting involved
  • It doesn’t matter where you live. There are opportunities and challenges everywhere
  • It may be possible to still meet with OMB in Washington, DC
  • Many items were NOT addressed in these new regs
  • Brick & mortar shops may be less impacted; e-liquids will be affected more and consumers will have less choices
  • You’ll see consolidation and closures in the future
  • Did these hearing make a difference or was it a façade? You decide.
 

I hope you got some value of these interviews as well as the last show with Five Pawns. This battle is far from over so it’s time for everyone to get onboard and get involved.

 

Some Takeaways:

 

  • Get Involved!
  • Pay attention to negative press and try to overcome it
  • If you’d like to hear Azim’s one-hour FDA update webinar, please contact sales@vapementors.com
  • If the regs go through as planned, vaping products would be considered tobacco products, and liquid manufacturers would be considered tobacco manufacturers
  • The vape space will be very dynamic for many years to come
  • We should be proactive, not reactive in this fight
  • To contact Azim: ecigattorney@khlaw.com
 

Would you like to get your product, service or message in front of our targeted vape audience?

 

Vape Radio is the #1 vape radio show in the world with more than 1.1 million downloads, and over 120,000 unique views a month. We were one of the TOP TEN business podcasts of 2015 on Podbean and beat out more than 130,000 other shows. For just $750 you get your company integrated within THREE shows and we’re looking for TWO more advertisers to fill our spots; how about you! Contact norm@vapementors.com.

 

 

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Vape Radio 67: Five Pawns E-liquid Co. Shares their Washington, DC OMB experience

January 5, 2016

What you’ll hear today:

 

 

  • It’s hard to play the game when you don’t know the rules.” That encapsulates Part I of our two-parter which includes interviews from those that went to Washington to testify
  • Founders and owners, Rodney Jerabek and Rob Fitzgerald from Five Pawns share their experiences and insight
  • The OMB did listen…
  • The industry has changed since our first interview with Five Pawns in September, 2014
  • These hearings were about financial impact
  • The majority of the marketplace would not be able to adapt to the new regs
  • Tens of thousands of jobs could be lost if things go forward as proposed
  • We cannot “play the game” until we understand the rules

 

Part II will continue with more insight from those that were there plus we’ll introduce you to some new VapeMentors offering, including the 2016 Vaping Industry Survival Guide.

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We were named one of the Top Ten 2015 Business Podcasts by Podbean from over 120,000 podcasting shows.

What’s your story? Is it a success one or a challenge? We want to hear it and share it next year. Send me a note to norm@vapementors.com.
 
Get your product, service or message in front of that audience for $750 for THREE shows! We are looking for TWO more advertisers to fill our show; how about you! Contact norm@vapementors.com.

 

 

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