Troubles Mount for Juul as Florida, Other States Join Expanded E-Cigarette Probe
Florida Attorney General Ashley Moody focused on marketing targeting minors.
February 25, 2020 at 12:15 PM
4 minute read
The original version of this story was published on Connecticut Law Tribune
What began as a Connecticut investigation into Juul Labs Inc.'s marketing and sales practices has turned into a 39-state probe into whether the e-cigarette company targeted minors, misled customers about nicotine content and made false claims about its product's effectiveness as a smoking-cessation tool.
Connecticut, Florida, Texas, Nevada and Oregon are spearheading the investigation and announced Tuesday that 34 other states have joined the effort.
A December 2019 lawsuit filed against the company in Connecticut alleged Juul e-cigarettes caused seizures in a teenage boy who became addicted to nicotine. The suit alleges the company's marketing efforts, including selling fruit-flavored products and featuring young models in advertisements, are aimed at youths.
Florida Attorney General Ashley Moody agreed on the youth-focused issue.
"As Florida's attorney general and a mother, I cannot sit on the sidelines while this public health epidemic grows and our next generation becomes addicted to nicotine," Moody said in a news release.
Attorneys say they now expect the investigations to head into courtrooms, with litigation against Juul Labs, an arm of cigarette manufacturer Altria Group Inc. and its subsidiary Philip Morris USA Inc.
"I definitely see a lawsuit," said Mark Dubois, an attorney with New London-base Geraghty & Bonnano. "There will probably be an enforcement action by the states to enjoin Juul from putting dangerous products on the market. And then I expect a class action suit for putting a faulty or defective product into the stream of commerce."
No one from Juul's media office had comment by deadline. But in past statements, the company said its e-cigarettes are meant for adults and were never intended to be a tool for smokers looking to quit tobacco.
"We look forward to a productive dialogue as we continue to combat youth usage and help adult smokers switch from combustible cigarettes," Juul spokesman Ted Kwong said at the time.
|'Tough to Rebound'
Juul is already fending off litigation in multiple states over alleged unlawful and deceptive trade practices.
In another blow, U.S. Surgeon General Jerome Adams warned in December that vaping could lead to lifelong addiction, and Juul was singled out for fueling a public health epidemic.
"Preying on children and those looking for help to quit smoking is one of the most despicable examples of risking people's lives for corporate profit," Nevada's Attorney General Aaron Ford said in a statement Tuesday.
Attorney Robert Mitchell of Stratford's Mitchell & Sheahan, who is not involved in e-cigarette litigation, said future cases will likely hinge on the company's alleged targeting of minors.
"I believe it will come down to the marketing to children, because when it comes to children, they are seen as defenseless victims of an overly sophisticated marketing campaign," he said. "And that's tough to rebound from."
Texas Attorney General Ken Paxton said in a statement, "Protecting Texans from deceptive business practices is a high priority for my office, and I am committed to holding companies accountable for the quality, effects and marketing of their products."
Connecticut Attorney General William Tong issued a similar statement. "I will not prejudge where this investigation will lead," he said. "But we will follow every fact and are prepared to take strong action in conjunction with states across the nation to protect public health."
Connecticut attorney general spokeswoman Elizabeth Benton declined to name the participating states, saying some are barred from disclosing their investigations, while others plan to make announcements later.
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