E-Cigarette Marketing: Misleading or Puffery
Richmond partners Bryan Haynes and Mike Lacy had their article – “ E-Cigarette Marketing: Misleading or Puffery ” – published in the April issue of Smokeshop magazine. The article takes a look at the recent class action lawsuit filed in California against e-cigarette manufacturer Njoy, Inc., which claims the company’s advertising misled consumers into purchasing its electronic cigarettes as a healthier alternative to traditional cigarettes.
“The consumer’s lawsuit … tries to take advantage of California’s expansive consumer protection laws, including its Legal Remedies Act, which targets unfair profits it has made as a result of the allegedly improper conduct, and it seeks to require Njoy to disclose information regarding the alleged health risks of its e-cigarettes,” the duo state. “As sales and competition in the ecigarette market increase, so too could the types of lawsuits like the one filed against Njoy. … To avoid these lawsuits, e-cigarette companies should ask themselves, ‘are our marketing materials misleading or just puffery?’”