RESPONDING to an “epidemic of nicotine addiction”
among youth, the US Food and Drug Administration (FDA) recently announced a
comprehensive crackdown on e-cigarette manufacturers, directing the industry’s
giants to draw up detailed plans for halting sales to minors and threatening to
pull a wide range of products, including flavourings that appeal to underage
buyers, from an exploding market.
FDA Commissioner Scott Gottlieb called the agency’s
steps the largest coordinated enforcement effort in his agency’s history and
said it was prompted by alarming new evidence that e-cigarette use by minors
has risen to levels he called “simply not tolerable”.
In response to a nationwide undercover
investigation of brick-and-mortar and online stores over the summer, the FDA
levied civil fines on e-cigarette retailers found to have sold their products
to minors and issued more than 1,300 warning letters.
What’s more, Gottlieb said the vaping industry
appears to have turned a blind eye to the online practice of “straw purchasing”
by retailers and individuals intent on buying vaping products and reselling
them to minors.
The agency also ordered 12 online retailers to halt
their continued marketing of e-liquids resembling kid-friendly food products
such as candy and cookies.
Although the FDA had acted in May to limit the sale
of such products, they were still being offered, with the offending labelling
and advertising, by the 12 online retailers, several of whom were also cited
for sales to minors.
The FDA move was greeted with defiance and derision
from the vaping industry.
“Thousands of small-business vape shops across
America do not engage in irresponsible marketing practices and don’t even sell
the products being targeted by the FDA with threatening letters,” said Gregory
Conley, president of the American Vaping Associa-tion, a nonprofit organisation
that advocates for what it calls “sensible regulation”.
“Despite this, Commissioner Gottlieb is threatening
to shut down all these businesses unless larger manufacturers unilaterally
choose to change their marketing practices,” he added. “It is absolutely absurd
and a perversion of how regulatory agencies are supposed to approach their
work.”
Conley called Gottlieb’s initiative “nothing more
than a gift to the tobacco industry”, whose stock prices jumped on news of the
FDA’s vaping crackdown.
Public health groups, on the other hand, said lax
regulation was the reason teen vaping became such a problem in the first place.
The American Cancer Society Cancer Action Network
called the actions a “necessary first step” but said officials could do much
more.
“FDA for years has repeatedly missed opportunities
to keep tobacco products out of the hands of our children,” said Chris Hansen,
the organisation’s president.
“Clearly, the FDA knows who the industry culprits
are in this epidemic, and as such, should exercise its full regulatory
authority over these products, rather than allow the industry to voluntarily
self-correct.”
Gottlieb said the new enforcement actions mark the
start of a “sustained campaign to monitor, penalise and prevent e-cigarette
sales in convenience stores and other retail sites” to minors.
He promised too, that the FDA would be keeping close
tabs on manufacturers’ own internet storefronts and distribution practices to
detect sales to minors.
“The FDA has at its disposal both civil and
criminal remedies to address demonstrated violations of the law,” he said.
E-cigarettes have become the tobacco product most
commonly used by adolescents. Their popularity is rising “very sharply”,
Gottlieb said.
In 2017, more than two million middle and high
school students in the US acknowledged they were current users of vaping
products, according to the Monitoring the Future survey.
In the same year, 11.7% of high-schoolers who
participated in the CDC’s National Youth Tobacco Survey said they had vaped a
tobacco product within the past month, up from 1.5% in 2011.
In addition, 3.3% of middle school students called
themselves current users of e-cigarettes, up from 0.6% in 2011.
The US market for vaping products has exploded as
well.
Analysts estimated that Americans bought more than
US$2.3bil (RM9.54bil) worth of e-cigarettes between August 2017 and last month,
and they expect annual sales to reach nearly US$4bil (RM16.59bil) this year.
Add in other vaping products – including vapour
cartridges and related items sold at specialty shops – and analysts say the
entire market could be worth US$6.6bil (RM27.37 billion) this year.
In a speech at the agency’s headquarters, Gottlieb
acknowledged that e-cigarettes present a public health conundrum.
In its bid to wean adult smokers from traditional
cigarettes, the agency has sought to make a wider range of “reduced risk”
tobacco products available to consumers. Those products include e-cigarettes.
At the same time, the FDA has sought to avoid
creating a new generation addicted to those products, or to the nicotine that
has served as a powerful hook.
Gottlieb put manufacturers on notice that the
agency’s balancing act will lean more heavily on preventing youth addiction.
“This may create some obstacles for adults who want
to enjoy e-cigarettes,” he said. “But in closing the on-ramp for kids, we’re
going to have to narrow the on-ramp for adults.”
Gottlieb also signaled that his agency is prepared
to take more sweeping steps.
He gave five e-cigarette manufacturers – the makers
of Vuse, Blu, Juul, MarkTen XL and Logic vaping products – two months to submit
plans to “immediately and substantially reverse these trends”.
Failure to comply might prompt the agency to
reconsider an earlier decision that gave manufacturers of tobacco products not
on the market by August 2016, more time to submit new products to the FDA for
pre-market review.
He also said the agency is “considering the
immediate removal… from the market” of e-cigarette flavourings that cater to
underage users. “Let me be clear: Everything’s on the table,” he said.
Collectively, the five industry leaders command
over 97% of the US market for e-cigarettes, and Gottlieb took them to task for
their response to concerns expressed earlier by the FDA about underage
marketing and sales. “They treated them as a public relations challenge,” he
said. “They’re now on notice.”
As part of its effort to turn the tide, the agency
launched a new campaign to educate children and teens about the dangers of
e-cigarettes.
A primary concern for health experts is that kids
will become addicted to nicotine and graduate to traditional cigarettes,
putting them at risk for lung cancer.
A report in the Journal of the American Medical
Association found that 20% of high-schoolers who vaped frequently at the
start of the study were smoking cigarettes frequently six months later, and
another 12% were smoking occasionally.
Meanwhile, among students who never vaped, only 2%
started smoking during the same period of time.
There are other concerns as well. The aerosol that
e-cigarette users inhale contains volatile organic compounds, heavy metals and
other chemicals that may cause cancer, according to the CDC.
Some flavourings contain diacetyl, a compound that
can damage airways if inhaled and may cause lung disease.
And a 2016 report from the US Office of the Surgeon
General warned that nicotine could interfere with healthy brain development
during adolescence, especially in regions related to attention, learning and
impulse control.
Gottlieb said the FDA will continue to monitor
underage trends and promised to release new data on e-cigarette use by minors
in the coming months.
Further evidence of rising rates of use would bring
stiffer actions, he vowed.
“Industry must step up to this problem,” he said.
“They must demonstrate they’re truly committed to keeping their products out of
the hands of kids.” – Los Angeles Times/Tribune News Service
Source : Star2.com
Mesothelioma and Asbestos Lawyers
Once
the initial shock of a mesothelioma diagnosis has passed, patients and
loved ones are often left wondering how they can afford expensive
treatment and other financial hardships. Choosing the right mesothelioma
lawyer to represent you is an important first step in ensuring your
family’s financial future.
Statutes of limitations vary from state to state, and you may be running out of time to file a lawsuit for compensation. That’s why it’s important to learn about your legal options as soon as possible.
Not all lawyers are created equal. Mesothelioma lawsuits are complex and time sensitive. A lawyer with a history of successful asbestos litigation makes the process simple and hassle free, giving you more time to focus on what matters most: Your health and family.
An experienced mesothelioma lawyer will handle your case from start to finish and explain your options along the way. They are familiar with other avenues of compensation and will help you make the right decision.
Bankrupt asbestos companies have set aside billions to compensate people diagnosed with asbestos-related diseases. Asbestos trust fund claims are filed out of court and can get those injured by negligent companies the compensation they deserve — often quicker than a traditional lawsuit.
Military veterans exposed to asbestos during service can file a disability claim with the U.S. Department of Veterans Affairs (VA). A qualified asbestos attorney can help veterans navigate the complicated VA claims process as well as legal routes.
Reasons for Hiring an Experienced Mesothelioma Attorney
Better Resources
Asbestos
law is complex. Only specialized mesothelioma lawyers have the
resources and experience you need for such an important undertaking.
Because every claim is different, your lawyer will explain the types of
compensation available for your situation and evaluate how much money
you can receive.
Compassion and Understanding
An
asbestos lawyer will be compassionate during the hard time you and your
loved ones are going through. A representative from the attorney’s firm
will travel to you when gathering information for your case. The law
firm will work hard to make sure you don’t have to spend a day in court
unless it is absolutely necessary.
Knowledgeable
Mesothelioma
attorneys are familiar with the companies that used asbestos. They know
which job sites caused significant asbestos exposure and which products
contained high concentrations of the toxic mineral. Identifying when
and where you were exposed to asbestos is crucial to winning your claim.
Winning Track Record
Asbestos
industry defenders always put up a tough fight. You need a national law
firm with a proven track record of winning asbestos lawsuits or large
settlements. Qualified attorneys know the best jurisdictions for filing
claims, and they are also well versed in the asbestos trust fund claims
process.
What Expenses Can Be Covered by Legal Compensation?
A
trustworthy attorney will never guarantee an outcome, a settlement or a
successful jury verdict. However, finding a mesothelioma lawyer who can
offer a high probability of successwill make it easier to obtain
compensation.
In
addition to expensive treatments not covered by your health insurance,
other common expenses for mesothelioma patients include:
- Common expenses for mesothelioma patients
- Lost wages
- Caregiver costs
- Travel expenses for treatment
- Funeral expenses
- Therapy and grief support
- Other expenses not covered by insurance
It
is important to save all your medical and financial records so your
lawyer can have updated information about your expenses. In addition to
compensation to cover expenses, mesothelioma lawsuits may include
punitive damages to punish the defendant and award the plaintiff for
their pain and suffering.
Differences in Legal Options
Asbestos
exposure is often the result of someone else’s negligence, making
mesothelioma an almost entirely preventable cancer. Many companies knew
of the dangers of asbestos but failed to warn their employees. Lawsuits
hold these companies accountable while providing much-needed
compensation to those diagnosed with asbestos-related diseases.
A
qualified asbestos lawyer will help you decide if it’s better to file a
lawsuit or pursue another type of claim, as well as estimate the
potential value of your claim.
Depending
on your situation, it may even be possible for you to receive
compensation without stepping foot in court. Many people have
successfully done so through asbestos trust claims, VA disability claims
and out-of-court settlements.
Filing a Lawsuit in Court
There are two types of asbestos injury lawsuits: Personal injury claims and wrongful death suits.
Specific
rights in these lawsuits depend on the county and state where the case
is filed. A mesothelioma lawyer will help you determine which of these
lawsuits is best for you or your family.
Personal Injury Claim
An
individual diagnosed with mesothelioma can file a personal injury claim
against one or more companies that may be responsible for their
illness. Many cases are settled out of court.
Wrongful Death Suit
The
family of a person who died from the asbestos-related disease can file a
wrongful death lawsuit. There is a possibility they may need to appear
in court.
Filing a Trust Claim Outside of Court
More
than 60 trusts have been established on behalf of asbestos companies
that filed for bankruptcy reorganization to avoid future lawsuits. The
U.S. government requires these companies to fund these trusts with
enough money to pay out current and future claims.
It is estimated that asbestos trust funds contain more than $30 billion in total.
Filing for VA Benefits
Military
veterans can apply for VA benefits such as health care and monthly
disability compensation. The surviving spouses and children of veterans
who died of service-related disabilities can apply for a monthly
Dependency and Indemnity Compensation (DIC) benefit.
According
to the 2016 Veterans Compensation Benefits Rate Tables, an unmarried
veteran without children can receive more than $2,900 per month, while a
married veteran with at least one child can receive nearly $3,200 per
month.
Lawsuit Settlements
You
may file a lawsuit and win compensation without having to go to court.
The vast majority of mesothelioma lawsuits never go to trial. Although a
jury verdict may result in a larger reward, mesothelioma settlements
are guaranteed compensation and a quicker resolution to a case.
Trials
can be lengthy and some plaintiffs might not receive compensation until
months after the verdict, depending on an appeal. An experienced lawyer
will explain the strengths of your case and help you decide whether to
settle or seek a verdict.
Can I Afford an Attorney?
In
asbestos lawsuits, attorneys work on a contingency fee basis. This
means you pay nothing until you receive compensation and nothing at all
if your case is not successful.
Contingency
fees protect you because they usually are based on a percentage of any
compensation you receive. Be sure to discuss this percentage during your
first meeting with an attorney.
Mesothelioma Verdicts
Mesothelioma
lawsuits have helped hundreds of thousands of people seek compensation
from companies that negligently exposed them to asbestos. The ultimate
goal is to put money in the hands of someone who needs help reducing
financial hardships during an illness and providing a more stable future
for loved ones.
$250 million
A
retired U.S. Steel worker from Indiana won a 2003 mesothelioma trial
after alleging the company was responsible for exposing him to asbestos
insulation for decades. U.S. Steel was expected to appeal the $250
million verdict, but instead settled out of court for an undisclosed
amount.
$115 million
In
1998, a Texas jury awarded $115 million to 21 steelworkers who
developed asbestosis while working at an Alabama steel mill. Carborundum
Company, the manufacturer of an asbestos-containing grinding wheel used
at the mill, was ordered to pay $100 million in punitive damages.
$18.6 million
A
Dallas county jury awarded $18.6 million in 2014 to the family of a
tire builder who died of mesothelioma. The Goodyear Tire & Rubber
Co. employee was repeatedly exposed to asbestos over 30 years while
working with Goodyear tire machines at a plant in Tyler, Texas.
$1.74 million
In
2011, the Delaware Supreme Court awarded damages to the family of a
mother and son who died of pleural mesothelioma after exposures at a
family auto shop. Four surviving family members received $1.24 million
for pain and suffering and $500,000 in a wrongful death verdict.
Mesothelioma Legal Myths & Concerns
There
are many misconceptions about the mesothelioma legal process and why it
is important to hire a specialized lawyer. Don’t let these
misconceptions prevent you from seeking important legal help.
I Should Focus on My Health Now and Speak with a Lawyer Later
Although
investing your time and energy into treatment and feeling better is
important, mesothelioma lawsuits are time sensitive. Depending on your
location, state laws may prevent you from filing a claim one or two
years after learning about your diagnosis. In addition, the sooner you
seek legal help, the sooner you may be able to receive compensation to
cover medical expenses.
I Don’t Want to Choose the Wrong Lawyer
If
you’re concerned about the cost of legal counsel, you should know most
mesothelioma attorneys offer free consultations. It’s possible to
discuss your case with a qualified lawyer with no obligations, giving
you a chance to find someone you are comfortable with at no cost. If you
decide to file a lawsuit, you only need to pay your lawyer if you
receive an award from a settlement or trial verdict.
I Don’t Want to Sue the Government
Mesothelioma
lawsuits are filed against companies that produced and sold asbestos,
not the government. If you were exposed to asbestos during military
service, you may have the option to file a lawsuit against a company
that supplied asbestos-containing products to the armed forces. If you
don’t feel comfortable filing a lawsuit, you may be able to recover
funds by filing a VA claim.
Any Lawyer Can Help Me File a Claim
Because
mesothelioma lawsuits are complicated, you want to have an experienced
lawyer on your side. Attorneys who are well-versed in these types of
cases know the ins and outs of filing a claim. They offer you the best
chance of winning compensation to cover treatment and provide for your
family. Make sure your lawyer has a proven track record of success. This
includes winning verdicts in the courtroom, should your case go to
trial.
