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The JUUL Litigation: A Public Health Epidemic

Nov 24, 2019 5:12:37 PM / by Dominic Capano

Vaping and e-cigarette usage have rapidly grown in popularity in recent years, especially amongst youths. Although various initiatives have been successful in reducing the frequency of teenage smoking, e-cigarettes, such as JUUL, are threatening to undo this progress. In fact, the rise in e-cigarette usage was the largest ever recorded for any teenage substance use outcome in the United States. The CDC recently declared vaping and e-cigarette use among teens as an epidemic. Even more alarming is the fact that according to the CDC, the median age of the patients involved in the more than 2,290 cases of vaping-related injury and 47 deaths reported nationwide is 24 years old.

At the Law Offices of Bonar, Bucher & Rankin, we are proud to represent individuals in a class action lawsuit against JUUL. Our goal is to hold JUUL accountable for the injuries suffered by our clients due to their use of JUUL products. In our complaint, we allege that JUUL has targeted youths in their marketing campaign largely conducted on social media. We also allege that JUUL has illegally marketed their product, an allegation backed by the FDA, by misrepresenting the risks of JUULing by marketing their product as a "safe alternative" to smoking.

JUULs Targeting of Youths

JUUL has been accused by government officials, schools, individuals and in our complaint of promoting their products to youths for the purpose of getting them addicted to nicotine for life. Although JUUL has denied this claim, we believe their record proves otherwise.

 Our complaint claims that from its inception, JUUL has utilized Big Tobacco’s colorful, fun and suggestive marketing strategies in an attempt get young customers hooked for life. JUUL held “launch parties” at colleges and universities where they would provide free or low-cost, nicotine-packed samples to students. In addition, we believe JUUL utilized flavored JUUL pods to attract non-smokers and youths to their product.

Although JUUL has ended their marketing campaign and plans to halt all sales of flavored JUUL pods, the damage has already been done. Whether their efforts were intentional or negligent, our complaint alleges that they have succeeded in obliterating decades worth of progress to reduce youth smoking. We believe that as a result of JUULs marketing campaign targeting youths, flavored pods, and concealable nature, nearly a quarter of high school students are currently e-cigarette users.

Deceptive Advertising & Inadequate Warnings

In our complaint, we claim that JUUL has misled consumers by advertising their product as a safe alternative for adult smokers and misrepresented the risks associated with using JUUL products. Like other e-cigarettes, JUUL is a battery-powered device that heats a nicotine-containing liquid to produce an aerosol that is inhaled to deliver high doses of nicotine to consumers. However, JUUL products contain more nicotine than average e-cigarettes and more than double the amount of nicotine as a traditional cigarette, making their products more addictive than other e-cigarettes or traditional cigarettes.

Not only do JUULs contain more nicotine than other products, but we believe JUUL packages are misleading because they do not address the fact that it is not just the amount of nicotine, but the efficiency with which the product delivers nicotine into the bloodstream that determines the product's narcotic effect and risk of addiction. Blood test results indicate that JUUL pods’ nicotine salt delivers more nicotine to the bloodstream than Pall Mall cigarettes, and creates a nicotine blood concentration 36% higher than a Pall Mall cigarette. However, we claim that JUUL Labs has failed to disclose their products exceptionally high nicotine dosage, as well as its higher risk of fostering nicotine addiction in its users.

From JUULs inception until recently, our complaint states that JUUL’s labels did not contain any warning that their JUUL pods contained nicotine. Therefore, a substantial amount of young JUUL users, unaware that they were consuming nicotine, have become addicted. Not only does a JUUL pod contain nicotine, but it contains approximately as much nicotine as a pack of cigarettes. The belief that JUUL pods only contained flavoring and that these pods did not contain nicotine has created a serious problem in which a significant portion of our youth has unknowingly become addicted to nicotine.

Unlike traditional cigarettes, we do not know the long-term effect of using JUULs and other e-cigarettes. However, from initial research and the alarming amount of reported injuries, we believe that JUULs are not as much as a “safe alternative” as advertised.

Help Hold JUUL Responsible for the Harms Inflicted On Our Community

We believe that JUUL’s deceptive and misleading advertising directed at youths, coupled with their current hold of 75% of the market share in the U.S. e-cigarette market, makes JUUL the primary culprit for creating this youth epidemic. We are committed to holding JUUL accountable for the health consequences their products have allegedly caused in our youth and adult users, including nicotine addiction, lung injuries and in severe cases, even death.

If you or a loved one has been harmed by JUUL products, contact an attorney for further advice on your potential claim. Our attorneys are always available to hear your story and answer any other questions you may have regarding your potential case. Visit our website or call our office at 859-431-3333 to speak with an attorney or to schedule an appointment. In addition, for more information, please visit juulvictims.com.

 

 

 

Dominic Capano

Written by Dominic Capano