LG Chem Faces Lawsuit in Mississippi Over E-cigarette Battery Explosion

Oct.26.2022
LG Chem Faces Lawsuit in Mississippi Over E-cigarette Battery Explosion
LG Chem may face lawsuit in Mississippi for supplying batteries to e-cigarettes resulting in burns to the plaintiff.

The Supreme Court of Mississippi recently ruled that South Korean company LG Chem could face a lawsuit in Mississippi for providing batteries that powered "e-cigarette devices," even though the company has no physical presence or registered business in the state.


Melissa Dilworth is suing LG Chem after suffering severe burns when the battery in her electronic cigarette exploded. In addition to LG Chem, the plaintiff is also suing the electronic cigarette store, its supplier, and the manufacturer of the electronic cigarette device.


LG Chem is attempting to refute allegations by arguing that the batteries it produces were not made specifically for sale in Mississippi, but rather intended for use by established companies for specific applications. However, the court rejected this argument, finding that the South Korean company had intended to tap into Mississippi's lithium-ion battery market knowing that its products would be sold in the state, either alone or as part of another product. The batteries only reached consumers through third-party distributors selling unauthorized products for personal use.


Similarly, the issue of jurisdiction is not affected by whether the claimed injury was caused by unintentional use of the product. The court believes that this issue concerns the merits of the case rather than a threshold issue of jurisdiction. Ultimately, the court found that Mississippi has a strong interest in adjudicating this dispute, as a resident of Mississippi was injured by a product purchased in Mississippi.


Dilworth's decision serves as a reminder that a company may not necessarily conduct business operations in Mississippi, or even in the United States, but can still be subject to lawsuits in Mississippi. This ruling also indicates that the Mississippi Supreme Court follows a broader commercial test adopted by the Fifth Circuit Court of Appeals.


Companies in Mississippi that are involved in the medical marijuana industry should be aware that medical marijuana products will soon be available for qualified patients in the state. These products will come in various forms, including electronic smoking devices similar to those used by Juul.


Foreign companies producing equipment parts for growing or processing marijuana must be aware that even if they do not specifically sell those parts to people in Mississippi, simply putting them into commercial circulation that leads to the state could have serious consequences. In such cases, any notion that the company is completely outside of Mississippi's jurisdiction should be dispelled.


Statement:


This article is compiled from third-party information and is intended for industry exchange and learning.


This article does not represent the views of 2FIRSTS and 2FIRSTS cannot confirm the truthfulness or accuracy of the article's content. The translation of this article is only intended for industry exchange and research purposes.


Due to limitations in the level of translation, the translated article may not fully reflect the original text. Please refer to the original article for accuracy.


2FIRSTS maintains full alignment with the Chinese government on any domestic, Hong Kong, Macao, Taiwan, and foreign-related statement and position.


Copyright of the compiled information belongs to the original media and the author. If there is any infringement, please contact us to remove it.



Disclaimer

This article is provided solely for professional research, industry discussion, and informational purposes. Any references to brands, companies, products, technologies, or policies are made for factual reporting and analytical purposes only, and do not constitute endorsement, recommendation, promotion, or advertising by 2Firsts.

Nicotine-containing products, including but not limited to cigarettes, e-cigarettes, heated tobacco products, and nicotine pouches, carry significant health risks. Readers are responsible for complying with all applicable laws and regulations in their respective jurisdictions, including age restrictions and access limitations.

The information contained in this article should not be regarded as investment, legal, medical, regulatory, or commercial advice. While 2Firsts strives to ensure the accuracy and reliability of its content, it does not assume liability for any direct or indirect loss arising from errors, omissions, inaccuracies, or reliance on the information contained herein.

This article is not intended for individuals below the legal age for accessing tobacco or nicotine-related information in their jurisdiction.

 

Copyright Notice

This article is either original content produced by 2Firsts or content reproduced, translated, summarized, or adapted from third-party sources with attribution where applicable. The intellectual property rights of the original content remain with 2Firsts or the respective original rights holders.

No individual or organization may copy, reproduce, distribute, republish, modify, translate, or otherwise use this content without prior authorization. Any unauthorized use may result in legal action.

For copyright-related inquiries, corrections, or removal requests, please contact: info@2firsts.com.

 

AI-Assisted Translation and Editing Notice

Portions of this article may have been translated, edited, or reviewed with the assistance of artificial intelligence tools to improve efficiency and readability. Due to the limitations of AI-assisted translation and editing, discrepancies, omissions, or inaccuracies may exist when compared with the original source.

Where applicable, readers are advised to refer to the original source for the most complete and accurate information. If you identify any errors or believe that any content infringes upon your rights, please contact us at info@2firsts.com, and we will review and address the matter promptly.

U.S. Judge Stays Helix, NJOY Challenge to FDA PMTA Rule Pending New Rulemaking Court Stays Altria's Helix, NJOY Challenge to PMTA Rule as FDA Prepares New Rulemaking
U.S. Judge Stays Helix, NJOY Challenge to FDA PMTA Rule Pending New Rulemaking Court Stays Altria's Helix, NJOY Challenge to PMTA Rule as FDA Prepares New Rulemaking
A federal judge in Texas on Oct. 8 granted a joint request by the FDA and plaintiffs including Altria subsidiaries Helix Innovations and NJOY to stay litigation challenging the agency's 2021 PMTA rule. The court cited FDA's anticipated rulemaking concerning the regulation at issue. FDA announced on Sept. 28 that it intends to reassess the PMTA framework and could initiate new rulemaking to replace it. The parties must file a joint status report within 45 days and every 45 days thereafter. A motion by three Reynolds American companies to intervene remains pending.
Regulations
Oct.10
On-Site Report | After FDA Announces Review of PMTA Framework, CTP Director Details Reform Priorities
On-Site Report | After FDA Announces Review of PMTA Framework, CTP Director Details Reform Priorities
FDA CTP Director Bret Koplow used his FDLI keynote in Washington to outline how the agency is rethinking the PMTA framework. He discussed category-specific review, nicotine pouch and sPMTA pilots, AI-assisted review, a 70% reduction in pending applications, and a major staffing constraint: CTP currently has only nine scientific review teams. He also reaffirmed tobacco harm reduction while stressing youth protection, flavored products, risk communication, and the challenge of unauthorized e-cigarettes.
Regulations
Oct.06
Arizona Turns to a 50% Retail Vape Tax as Tobacco Tax Revenue Falls 47% From 2008
Arizona Turns to a 50% Retail Vape Tax as Tobacco Tax Revenue Falls 47% From 2008
Arizona's First Things First is pushing for an excise tax equal to 50% of the retail price of vaping products, estimating that the measure could generate about $100 million annually. The agency says its tobacco-tax revenue has fallen 47% from 2008 levels. Arizona has attempted to broaden its nicotine tax base in each of the past two years: a 2025 bill proposed a 50% wholesale-price tax, while a 2026 measure shifted to a 50% retail-price tax covering alternative nicotine products and vapor products. Separately, the state enacted HB 4001 this year to establish a new licensing and sales framework for alternative nicotine products.
Sep.21
2Firsts First Look|China to End VAT Export Rebates on Vape Devices and Nicotine in April 2027, Following Earlier Removal for HTP Devices and Nicotine Vapes
2Firsts First Look|China to End VAT Export Rebates on Vape Devices and Nicotine in April 2027, Following Earlier Removal for HTP Devices and Nicotine Vapes
China's Ministry of Finance and State Taxation Administration announced on October 12, 2026, that value-added tax (VAT) export rebates for vape devices, nicotine and its salts, and certain non-combustible inhalation products will be eliminated from April 1, 2027. The measure adds four tobacco- and nicotine-related customs codes, including 8543400010, which covers vape devices and qualifying empty pods. China previously eliminated rebates for nicotine-containing vaping products and devices under code 8543400090 in April 2026. According to industry classification information held by 2Firsts, the latter currently corresponds to heated tobacco devices. Export excise tax refund and exemption arrangements will remain unchanged.
Special Report
Oct.12
Vape Manufacturer Ispire Expands Malaysia Operations, Negotiates Southeast Asia OEM Deal as Nicotine Pouch and US Age-Gating Businesses Develop
Vape Manufacturer Ispire Expands Malaysia Operations, Negotiates Southeast Asia OEM Deal as Nicotine Pouch and US Age-Gating Businesses Develop
US-listed vaping technology and manufacturing company Ispire Technology reported fiscal first-quarter 2027 revenue of $27.5 million on November 9, 2026, down 9.3% year over year but up 3.2% sequentially. Gross margin recovered to 16.2%, while its net loss widened to $6.4 million from $3.3 million a year earlier. Management attributed the sales decline primarily to tighter European vaping regulation and reduced distributor orders. Ispire is expanding manufacturing in Malaysia and negotiating an OEM/ODM agreement with a Southeast Asian vaping brand, with an announcement anticipated in January 2027. The company estimates that Malaysian manufacturing offers an approximately 25% US tariff advantage over China-based production. However, it continues to purchase products from Shenzhen Yi Jia Technology Co., Ltd., a manufacturer controlled by its chairman, and reported $52 million in non-current related-party payables at September 30.
company
Nov.11 by 2Firsts Perspectives
RLX Technology Dropped From FTSE All-World as International Business Reaches 68.5% of Q2 Revenue
RLX Technology Dropped From FTSE All-World as International Business Reaches 68.5% of Q2 Revenue
RLX Technology (NYSE: RLX) has been removed from the FTSE All-World Index, effective September 21. FTSE Russell records show RLX was already part of its global equity index universe by 2022, when its American depositary receipts were classified as China Large Cap securities. Trading volume rose to about 44.77 million shares on September 18, roughly 23 times the previous session's volume. RLX reported RMB1.0105 billion in second-quarter revenue, up 14.8% year over year, with international operations contributing 68.5%. The company also acquired a 51% stake in one of Western Europe's largest distributors of next-generation smoke-free and FMCG products in July.
Sep.22