According to a report by the Associated Press, UL Solutions has been granted consent judgments against two companies who were selling electronic cigarettes with unauthorized UL marks. Electronic cigarette manufacturer Arizer and electronic cigarette distributor Greenlane Holdings both reached settlements with UL Solutions in the northern region of Illinois, agreeing to consent decrees, permanent injunctions, and $2.2 million in compensation to resolve UL Solutions' trademark infringement and false advertising claims against them.
These settlement agreements are part of UL Solutions' efforts over the years to prevent electronic cigarette devices with counterfeit UL marks from entering the market. In 2019, UL Solutions filed lawsuits against several e-cigarette manufacturers and distributors, including Kandy Pens and AFG Distribution. The case was resolved with settlement agreements, permanent injunctions, and judgments.
Electronic cigarette devices typically include rechargeable batteries and heating elements. If designed or manufactured improperly, these devices may catch fire or even explode during use. It has been reported that these issues have caused serious injuries and fatalities.
In order to guide manufacturers in developing safer equipment for the US and Canadian markets, the UL 8139 Electrical System Standard for Electronic Cigarettes and Vaping Devices was established in 2018. The UL 8139 safety standard is used to evaluate the electrical current, heating, battery, and charging systems of these products.
Although compliance with UL 8139 standards is voluntary, more than 35 manufacturers have now certified their electronic cigarette devices to comply with the standard. Manufacturers who have obtained UL certification have chosen to have their products undergo certification testing to demonstrate their commitment to preventing serious injuries caused by Lithium-Ion battery fires and explosions.
As the industry increasingly adopts the UL 8139 standard, some manufacturers are beginning to use counterfeit UL logos on their products or packaging.
According to Tammi Burke, the Director of Customer Marketing at UL Solutions, their investment in preventing infringement has provided tangible value for their clients. These clients have incurred significant costs in design and manufacturing in order to obtain UL certification. Only companies that have received UL certification are entitled to use the UL logo. Counterfeit manufacturers claiming illegal achievements unfairly compete in the market by using the UL mark.
Jackie McLaughlin, Executive Vice President and Chief Legal Officer of UL Solutions, stated, "The UL mark appears on billions of products worldwide, serving as proof that these products comply with scientific safety, performance, or sustainability standards. To maintain the integrity of the UL mark, we are committed to protecting the brand and taking action against counterfeiters when necessary, in order to protect the public and fulfill our mission of creating a safer world. We commend the decision of the Northern District of Illinois, as it will help ensure that the UL mark remains a symbol of public trust.
UL is a globally renowned safety science organization that is committed to promoting the development of product safety, sustainability, and performance. Its certification symbol, UL, is widely used for safety certification of products worldwide.
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UL Solutions has obtained a consent decree.
UL Solutions has succeeded in obtaining consent decrees in a legal case involving the presence of counterfeit UL marks on vaping devices.
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