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The controversy regarding cigarettes and health related product liability claims is convoluted and extensive. However, with the help of mass publicity and the introduction of government health warnings on packets of cigarettes it is now widely accepted that smoking is bad for your health and that if you choose to do so and become ill as a result, you will have little or no redress with the cigarette manufacturers.
Smoking bans came into effect across the UK, starting in Scotland in March, 2006. Wales and Northern Ireland followed suit in April, 2007, with England finally imposing the ban in July 2007. Support for the ban has been widespread, with statistics published by the Office for National Statistics showing that 80% of respondents to a 2007 Omnibus Survey agreed with the legislation that banned cigarette smoking in enclosed public places. Of those, 61% strongly agreed.
Only 11% of respondents said they went less often to pubs than before the ban. Almost three quarters of those polled (73%) visit pubs with the same regularity as before the ban and 16% report that the ban on smoking has led them to visit pubs more frequently.
Across the UK, there is now a familiar site of smokers huddled into the hastily erected smoking shelters, puffing away as their non-smoker friends are warm and dry inside, still enjoying their drinks. In October 2008, media reports of a new product that would enable smokers to stay next to their pint whilst still obtaining their nicotine-hit sparked product liability fears and health rows.
The marketing of "electronic cigarettes" as a realistic smoking replacement offering all the feeling of smoking, including nicotine and even an emission of "smoke" (vapour), has led to pubs stocking the £40 base unit product in an attempt to keep the smokers in their establishments.
The Electronic Cigarette Store says on its website, "The electronic cigarette is a new product, and as yet does not have a data base of clinical trials and evidence as to the long term effects on the smoker."
However, it does include a link to a Laboratory report on the substances used in the electronic cigarette cartridges carried out on 10th September 2008.
Deborah Arnott, director of Action on Smoking and Health (Ash), said, "At the moment we don't know enough about this product. The electronic cigarettes fall into a regulatory gap and they haven't been chemically tested."
Douglas Bettcher, director of the World Health Organisation's Tobacco Free Inititive, said, "If the marketers of the electronic cigarette want to help smokers quit, then they need to conduct clinical studies and toxicity analyses and operate within the proper regulatory framework."
Product Liability claims and YouClaim
Unregulated and untested products are likely to carry a risk of product liability and if you or a loved one have suffered illness or personal injury due to a badly designed, badly made or contaminated item then you may be able to claim 100% compensation with You Claim.
Our specialist product liability solicitors work on a no win no fee basis that means, whatever the outcome of your claim, you will never be charged for their services. They have years of experience and are all governed by the exacting standards demanded by the Solicitors Regulation Authority.
You can speak to one of our advisers by calling our free UK helpline on 0800 10 757 95 or we can always call you back at a time to suit you.
Or you may wish to fill in our online claim form giving us brief details of your product liability claim. Whichever way you choose to get in touch with us we endeavour to give you the best service possible.
