The Trial Lawyer Spring 2022 | Page 94

LEGALBRIEFS

LEGALBRIEFS

By Drug Safety News
TikTok Data Privacy $ 92M Class Action Settlement
TikTok users in the United States may be eligible to claim part of a $ 92 million settlement resolving a class action lawsuit over TikTok data privacy .
The nationwide Class is made up of anyone living in the United States who used the TikTok app before Oct . 1 , 2021 . The Illinois Subclass is made up of Illinois residents who used the app before Oct . 1 , 2021 .
Plaintiffs in the TikTok data privacy class action lawsuit accused the defendants — ​TikTok Inc ., formerly known as Musical . ly Inc .; ByteDance Inc .; Musical . ly , now known as TikTok Ltd .; and Beijing ByteDance Technology Co . Ltd . — of using and collecting users ’ personal data in connection with their use of the app without the proper notice or consent , a violation of state and federal law .
The popular video-sharing app reached 1 billion monthly users in September , according to CNBC .
The Court has not ruled in favor of any party in this case , and the defendants deny all allegations of wrongdoing .
Instead , the parties have reached a settlement in order to avoid the costs and uncertainties associated with taking the case to trial .
After attorneys ’ fees and other expenses are deducted from the settlement fund , Class Members who file a valid claim will receive a proportionate share of the remainder .
Illinois residents who used the app in Illinois to create videos may be eligible to receive a payment of up to six times that
of non-Illinois residents thanks to certain specific claims made in the class action lawsuit .
A final approval hearing in the TikTok data privacy class action settlement is scheduled for May 18 , 2022 .
Can You Get Seizures After Vaping ?
Reports of people who have seizures after vaping have raised serious questions about the safety of electronic cigarettes , which have grown in popularity in recent years .
Currently , the U . S . Food and Drug Administration is conducting an investigation after receiving 35 adverse event reports involving e-cigarette users who have experienced seizures after vaping , using products such as JUUL , a popular brand among teens and young adults .
Manufacturers of electronic cigarettes such as JUUL claim that their products are safer than combustible tobacco , as they do not produce tar . They furthermore claim that “ vaping ” can help cigarette smokers to give up the tobacco habit . However , a growing body of evidence shows that “ vape ” can be just as harmful as tobacco in its own way . This includes suffering seizures after vaping .
In fact , many users of these products may not even be aware that they are inhaling nicotine . According to the Centers for Disease Control , around two-thirds of Juul users between the ages of 15 and 24 were unaware that vape pens always contain nicotine , rather than simply flavored vapor .
The fruity flavors advertised by many vape pen companies may be attracting
teens and minors to try out the products . Prior to the explosion in the popularity of vape pens and e-cigarettes , teen nicotine use had been in decline for years . Now , nicotine use by teens has skyrocketed . In a recent statement , FDA Commissioner Dr . Scott Gottlieb noted that seizures are a known side effect of nicotine poisoning . Nicotine itself is an alkaloid that is found in plants of the deadly nightshade family , which includes the tobacco plant . It is also one of the most addictive substances known to science , which is why cigarette smokers find it so difficult to give up the habit . The problem with e-cigarettes is that they deliver a prodigious amount of nicotine very quickly , making it all the more likely that a user will suffer nicotine toxicity and experience a seizure . It may be easy for users of vape pens to inhale more nicotine in a short period of time than they realize . While combustible cigarettes only last so long before burning out , vape pens may be used over and over in quick succession without an obvious way to determine how much nicotine has been inhaled . Additionally , due to the fruity flavors and smooth vapor of the pens , it may be more pleasant to inhale nicotine from a vape pen rather than from a cigarette . This ease may lead to a nicotine overdose .
According to reports submitted to the FDA , seizures after vaping can occur within a few moments or as long as 24 hours later . Nicotine-related seizures may be as short as a few seconds or go on for several minutes .
In stark contrast , members of the e-cigarette industry have tried to combat the concerns about seizures after vaping . Vaping 360 , a vaping media website and proponent of vaping as a “ cleaner alternative ” to cigarette smoking is one source that takes this view .
In January 2020 , Vaping 360 said that the recent concern over vaping seizures is significantly overblown . The source notes that former FDA commissioner Scott Gottlieb expressed concern that there were 35 cases of seizures over the last ten years , that could