John Brewer with Brewer Law Firm is representing Kimmel and says the same company made a device that also exploded in the pocket of a Goodyear man at a cellphone store in 2016. The law firm is also representing that man in that case.
Brewer says these companies aren't very well regulated and the devices aren't manufactured well.
"It should be regulated on a national scale, I think," he said.
The FDA says that if you do have any problems with an e-cigarette report it to them so they can evaluate for potential health and safety risks. Federal health officials also have guidelines for how to use e-cigarettes safely. Among the recommendations are:
When purchasing a device, make sure that it is one that has safety features.
Replace a battery that is damaged or wet.
Never use a cellphone or tablet charger and never charge it overnight.
Kimmel has a long road to recovery but is fairing well. His wife says he was using his e-cig to help him quite smoking. She hopes this unintentional light up will help him quit for good.
"It was really scary. It was --- seeing black and red and white skin, it was really...it was kind of surreal," she said.