Juul brand e-cigarettes in a case at a retail store. Photo: Joni Hanebutt/Shutterstock.com

Juul Labs Inc., a San Francisco-based company facing several lawsuits from across the country and who U.S. Surgeon General Jerome Adams in December singled out when saying vaping could lead to lifelong addiction, is now facing a joint investigation by the Office of Connecticut Attorney General William Tong and the state Department of Consumer Protection.

The thrust of the probe is to determine whether Juul’s marketing and sales practices were proper, including claims that Juul helps smokers quit smoking and that’s is a smoking cessation tool, despite lack of FDA approval.

Juul Labs, founded in 2017, is an arm of cigarette manufacturer Altria Group Inc. and its subsidiary, Philip Morris USA Inc.

Tong joined DCP Commissioner Michelle Seagull and several state health officials Wednesday morning for a press conference to outline the investigation into Juul’s health claims.

“Juul has never been approved as an effective smoking cessation device. In fact, there is mounting evidence to the contrary,” Tong said in a statement. “We will not prejudge the outcome of this investigation, but stand ready to act to protect public health should we uncover any violation of law.”

In 2018, according to Tong’s office, Juul launched an “enterprise markets team,” tasked with forming new agreements with health plans, health providers, employers and the public sector.

Now, Tong’s office said Connecticut authorities will seek information about the team and its work. Investigators will examine the formation of the team, its marketing materials, and the information it disseminated about the e-cigaratte’s effectiveness as a cessation tool for adult smokers.

The investigation will also seek information on how Juul selects it target-market groups, and any measures the company has taken to limit its targeted marketing to current smokers over the age of 21.

Juul spokesman Ted Kwong said the company never intended its e-cigarettes to be a tool for users looking to quit smoking.

“To be clear: the JUUL system is a switching product designed to help adult smokers switch from combustible cigarettes to an alternative nicotine delivery and that is how we position it in our marketing and communications,” Kwong said. “JUUL products are not intended to be used as cessation products, including for the cure or treatment of nicotine addiction, relapse prevention, or relief of nicotine withdrawal symptoms. We look forward to a productive dialogue as we continue to combat youth usage and help adult smokers switch from combustible cigarettes.”

He also suggested the company did not target underage users.

“We share the attorney general’s concerns about youth vaping, which is why we welcome the opportunity to share information about our commitment to eliminate combustible cigarettes and our aggressive, industry-leading actions to combat youth usage,” Kwong said. “We strongly advocate for Tobacco 21 legislation nationwide, we stopped the sale of nontobacco and nonmenthol-based flavored JUULPods to our traditional retail store partners, enhanced our online age-verification process, strengthened our retailer compliance program with over 2,000 secret-shopper visits per month, and shut down our Facebook and Instagram accounts while working constantly to remove inappropriate social media content generated by others on those platforms. And we continue to develop technologies to further restrict underage access.”

But Tong seems unconvinced.

“It appears they have targeted minors in the past,” he said. “The whole system of flavors, like bubble gum and cotton candy, appear to be directed at young people. There was also an advertising campaign through social media and YouTube with images that appealed to young people, and messages that appealed to young people. This appears to be the short, but very active, history of this company.”

Juul has made national news in recent months. According to the Hartford Courant, a new study from Yale University published Tuesday found previously unknown risks in electronic cigarette liquids.

And in December the U.S. surgeon general warned the public that vaping could harm brain development and damage the lungs.

“We need to protect our kids from all tobacco products, including all shapes and sizes of e-cigarettes,” he said at that time.

Then in July, the Daily Business Review, an ALM affiliate of the Connecticut Law Tribune, reported a South Florida attorney had asked a federal judge to halt the sale of Juul’s e-cigarettes nationwide. The motion alleges the company never sought FDA approval to sell its electronic nicotine devices, as the Tobacco Control Act requires.

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