NATURE OF THE ACTION

8.



Defendant is a manufacturer of e-liquids, which are used in electronic cigarettes. Defendant’s e-liquids contain hazardous substances known as diacetyl (“DA”) and acetyl propionyl (“AP”) (also known as 2,3-pentanedione), in addition to propylene glycol, glycerin, nicotine, and flavorings. As detailed herein, the DA and AP levels detected for certain particular flavors of Defendant’s e-liquids represent the highest concentration that has ever been seen in any e-liquid. Some e-liquids manufactured by other companies are sold

without

DA and AP, propylene glycol, nicotine, or flavors, as it is possible to source ingredients that do not contain these toxic ingredients.

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9.



DA and AP are compounds of diketone and are responsible for the buttery and creamy taste of many foods and beverages, most famously, popcorn. While DA and AP are safe to eat or drink, inhalation is known to cause certain lung conditions, including Bronchiolitis Obliterans, a condition in which irreversible scarring to the lungs is produced, in serious cases requiring lung-transplants. A number of cases of Bronchiolitis Obliterans in popcorn factory workers exposed to DA and/or AP led authorities to create very strict limits on the amount of these chemicals that workers may be exposed to. Similar cases of Bronchiolitis Obliterans have since been discovered in workers in other types of manufacturing plants. 10.



It is also known that DA and/or AP are contributing factors to both chronic obstructive pulmonary disease (“COPD”) and emphysema.

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