Texas Court to Hear LG Battery Explosion Injury Case

Feb.28.2023
Texas Court to Hear LG Battery Explosion Injury Case
LG Chemical faces US court jurisdiction dispute over exploding e-cigarette battery case in Texas court.

According to a Law360 report, the Supreme Court of Texas (referred to as "Texas" below) has agreed to hear a case against LG Chem and LG Chem America. The case involves an e-cigarette user who was injured due to an LG battery explosion. It will decide whether Texas courts have jurisdiction over LG Chem. LG Chem is headquartered in South Korea, with LG Chem America being its subsidiary.


The focus of this case is that the jurisdiction of the United States states is under the framework of federal law. States cannot exercise jurisdiction over judicial matters that do not belong to their state. LG Chemical's batteries are not directly distributed nationwide, so areas without direct distribution cannot exercise jurisdiction.


In 2016, Texan resident Tommy Morgan purchased an electronic cigarette which utilized an LG Chemical-manufactured 18650 lithium-ion battery. According to a lawsuit he filed in 2019 in Brazoria County Court, he claims that the battery in the e-cigarette exploded and caught fire unexpectedly, resulting in permanent injuries.


The company is also facing similar battery explosion lawsuits from Texas residents. However, the intermediate appeals court has come to a different conclusion regarding whether LG Chemical has sufficient contacts in the state to respond to the claims of victims, specifically regarding direct benefit from e-cigarette sales.


LG Chem USA and LG Chem assert that the Texas court lacks jurisdiction because these companies have not sold any individual batteries in Texas or sold directly to customers in the state.


LG Chem | Image Source: LG Chem Official Website.


It is understood that this is not the first time that LG Chemical has faced a similar lawsuit.


In Mississippi, the Dilworth couple has claimed that an electronic cigarette battery exploded while walking their dog, causing Mrs. Dilworth to suffer second and third degree burns. The battery was purchased separately from a local Mississippi e-cigarette store without any warnings or instructions.


The Dilworths have initiated a lawsuit including LG Chem, but it has encountered issues related to jurisdiction. LG Chem argued that Mississippi does not have personal jurisdiction over the company (see related article at the end), as it does not sell batteries for electronic cigarettes in Mississippi. The district court rejected the lawsuit filed by the Dilworths.


The Dilworth couple kept appealing and finally, on October 13th, 2022, the Mississippi Supreme Court ruled that they can sue LG Chem in Mississippi.


In Ohio, Paul Straight purchased an e-cigarette from a vape store which exploded, burning through his jeans and left thigh. He subsequently sued LG Chem. However, the Ohio court ruled in favor of LG, dismissing the case.


The state judge believed that LG Chem had confirmed that they had not received any revenue from the sale or distribution of 18650 batteries in Ohio, nor had they advertised or solicited business for these batteries in Ohio.


According to anonymous sources cited by 2FIRSTS, LG and Samsung have both been insisting that their batteries cannot be used in e-cigarette products. Additionally, LG's 18650 batteries are encased in steel and therefore intrinsically risky.


In fact, LG's significant market share in the e-cigarette battery market has given them extensive experience in dealing with lawsuits. According to Market.us' 2022 global e-cigarette lithium battery market segmentation percentage list, Korean company LG ranks fourth globally, with the top three being Samsung of Korea, Sony of Japan, and Matsushita.


According to a report from the legal news website Legal Newsline, LG Chem is currently facing at least 44 similar lawsuits across the United States as of October 2022. Despite this, LG Chem has maintained the same defense in each of these cases, arguing that their 18650 batteries were never intended for use in e-cigarettes or other inhalation devices.


Consumers, however, clearly do not agree with this argument. Morgan, who filed a lawsuit in the Texas High Court, stated that "LG Chemical deliberately shipped products to customers in Texas (which caused consumer burns), therefore Texas courts have jurisdiction.


Related reading:


LG Electronics has been acquitted after being accused in a case of battery explosion.


A South Korean electronic cigarette battery manufacturer has been sued in Mississippi, USA.


A court in Texas will hear a case concerning exploding batteries.


Further Reading:


Personal Jurisdiction refers to the interpretation of the law in the United States.



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. Military Nicotine Policy Sparks Debate as Nicotine Pouches Enter Discussion
U.S. Military Nicotine Policy Sparks Debate as Nicotine Pouches Enter Discussion
An opinion article published by Stars and Stripes argued that the Pentagon’s January nicotine clinical guidelines overemphasize abstinence, fail to reflect the reality that about 30% of active-duty personnel use nicotine, and do not address nicotine pouches as potential harm-reduction products.
Industry Insight
Jun.08
    Shenzhen Tobacco Monopoly Bureau Moves to Advance E-Cigarette Regulatory System 2.0
Shenzhen Tobacco Monopoly Bureau Moves to Advance E-Cigarette Regulatory System 2.0
The Shenzhen Tobacco Monopoly Bureau recently held the city’s 2026 e-cigarette regulation work conference to implement higher-level meeting requirements, review the city’s e-cigarette regulatory work in 2025 and during the 14th Five-Year Plan period, assess the current situation, and deploy the rollout of E-cigarette Regulatory System 2.0 across Shenzhen’s tobacco commercial system.
Apr.28 by 2FIRSTS.ai
Japan Tobacco Q1 2026 Financial Results: Revenue at $5.914 Billion,RRP Revenue Up 63.8% YoY
Japan Tobacco Q1 2026 Financial Results: Revenue at $5.914 Billion,RRP Revenue Up 63.8% YoY
Japanese Tobacco (JT) reports Q1 2026 revenue of 924 billion yen, a 15.2% increase; operating profit rises 24.7%.
May.08 by 2FIRSTS.ai
South Korea Set to Enforce Liquid Vape Ban in Smoke-Free Areas, but Welfare Ministry Abruptly Adds Two-Month Guidance Period
South Korea Set to Enforce Liquid Vape Ban in Smoke-Free Areas, but Welfare Ministry Abruptly Adds Two-Month Guidance Period
Local governments across South Korea recently issued press releases saying they would intensively crack down on the use of liquid e-cigarettes in smoke-free areas. Since the revised Tobacco Business Act, passed in December last year, included liquid e-cigarettes within the definition of tobacco and took effect on April 24, local authorities had prepared to begin enforcement immediately.
Apr.27 by 2FIRSTS.ai
2Firsts Hosts U.S. Compliance Briefing on Building PMTA Support Capabilities Across the Nicotine Supply Chain
2Firsts Hosts U.S. Compliance Briefing on Building PMTA Support Capabilities Across the Nicotine Supply Chain
2Firsts held a U.S. compliance briefing in Shenzhen to help vaping, heated tobacco and nicotine pouch supply chain companies strengthen PMTA support capabilities. The event focused on supplier documentation, quality systems, traceability, TPMF/TPMP pathways, age verification and customer audit readiness as U.S. compliance expectations increasingly extend deeper into the nicotine supply chain.
Events
Jun.12
FDA Posts Environmental Assessment for Nicotine Pouches, May Influence Future PMTA Reviews
FDA Posts Environmental Assessment for Nicotine Pouches, May Influence Future PMTA Reviews
The U.S. Food and Drug Administration released a programmatic environmental assessment covering nicotine pouches and other oral nicotine products, concluding that their overall environmental impact is generally minimal.
Regulations
May.22