FAQ
JUUL/Vaping Injuries
What federal health agencies and New York officials have said about vaping products, battery fires and lung injury, and what to keep if you were hurt.
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What are e-cigarettes and vapes?
Battery-powered products that heat a liquid into an aerosol the user inhales. The FDA groups vapes, vape pens, e-cigarettes, e-cigars and similar devices as electronic nicotine delivery systems (ENDS). Their "e-liquid" usually contains nicotine derived from tobacco, flavorings, propylene glycol, vegetable glycerin and other ingredients. Some devices look like pens or USB flash drives; others are larger tank systems.
Can a vape battery catch fire or explode?
Yes. The FDA says these incidents appear uncommon but are dangerous to the user and people nearby. The FDA says the exact causes are not yet clear, but some evidence suggests battery-related issues may be a cause. Its safety tips include using only batteries recommended for the device, not mixing batteries, charging on a clean flat surface you can see, and keeping vapes away from extreme temperatures and flammable gases or liquids.
Anyone can report a vape fire or explosion to the FDA through its Safety Reporting Portal, including the manufacturer, brand, model and serial number, the battery, where it was bought and whether the product was modified.
What was EVALI, and what caused it?
EVALI is e-cigarette, or vaping, product use-associated lung injury. The CDC linked most cases to THC-containing products. As of February 18, 2020, 2,807 hospitalized EVALI cases or deaths had been reported to the CDC, including 68 confirmed deaths. The CDC said THC-containing vaping products, particularly from informal sources such as friends, family or dealers, were linked to most cases, and that vitamin E acetate was strongly linked to the outbreak. The CDC also said the evidence was not sufficient to rule out other chemicals in some cases.
These are outbreak-wide findings about vaping products generally. They do not by themselves show that any particular brand, including JUUL, caused a person's lung injury.
What did New York's 2023 JUUL settlement involve?
A $462 million multistate agreement, with $112.7 million to New York. On April 12, 2023, the New York Attorney General announced the agreement with JUUL Labs and former directors and executives over their alleged role in the youth vaping epidemic. The Attorney General had alleged that JUUL used marketing that appealed to young people and misled consumers about the nicotine content of its products. The agreement placed restrictions on JUUL's marketing, sales and distribution, such as keeping products behind store counters and verifying ages online.
What health risks do public health agencies describe?
Nicotine addiction and exposure to harmful chemicals. The FDA says e-cigarettes are not risk-free, deliver harmful chemicals and contain nicotine, which is highly addictive, and that youth and adults who do not use tobacco products should not start. The CDC says most e-cigarettes contain nicotine and that e-cigarettes should not be used by youth, young adults or women who are pregnant.
I was hurt by a vaping product. What should I keep?
Safety comes first. Do not handle, charge or use a device or battery that is damaged, hot, smoking or leaking. If it is smoking, hot or there is any immediate danger, get away from it and call 911 or the fire department. Keep the product only once it is safe to do so, and ask the fire department or another qualified source how to store a damaged battery safely.
Beyond that, what matters depends on how the injury happened, but helpful items usually include:
- the device, battery, charger and any pods or cartridges, if they can be kept safely;
- packaging, instructions and receipts or other proof of purchase;
- photos of the device and of your injuries;
- medical records and bills; and
- a written account of what happened and when.
How long do I have to bring a claim?
Often three years, but it depends on the claim. New York generally allows three years to sue for personal injury (CPLR 214), with statutory exceptions that can change the timing. Speak with a lawyer early so evidence and deadlines are protected.
Sources
- FDA: E-Cigarettes, Vapes, and Other Electronic Nicotine Delivery Systems (ENDS)
- FDA: Tips to Help Avoid Vape Battery Fires or Explosions
- CDC (archived): Outbreak of Lung Injury Associated with the Use of E-Cigarette, or Vaping, Products (updated February 25, 2020)
- CDC: E-Cigarettes
- FDA: FDA Authorizes Marketing of Tobacco- and Menthol-Flavored JUUL E-Cigarette Products (July 17, 2025)
- New York Attorney General: Attorney General James Secures $462 Million from JUUL (April 12, 2023)
- CPLR § 214 (actions to be commenced within three years)
Related guides
Injured by a Vaping Product?
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This page is general information, not legal advice for your situation. Laws change and every case depends on its facts.
