Juul Lawsuit E-cigarettes Linked to Dangerous Health Risks

JUUL Lawsuit / E-Cigarette Lawsuit

Juul Lawsuit

CASE UPDATE: TorHoerman Law Files Lawsuit Against Juul Aug 21, 2019 - TorHoerman Law this week filed the first Illinois Juul lawsuit on behalf of a young adult who became addicted to Juul and suffered life-threatening injuries as a result. The Illinois Juul lawsuit is filed against the e-cigarette manufacturer Juul Labs along with Phillip Morris Inc., which holds minority ownership in Juul. As similar cases continue to be brought to our attention, we expect similar filings to follow. For more information about this lawsuit, read our Illinois Juul Lawsuit blog.

Read More Updates

Why File a Juul Lawsuit?

Individuals, including teens with no previous smoking experiences, led to believe that Juul was “better than smoking” are finding themselves addicted to Juul and are now incurring serious health issues.  Individuals who are fighting addiction and life threatening issues are currently filing a Juul lawsuit in order to get compensation.

What is Juul?

Juul – manufactured by Juul Labs – is the popular USB-shaped smoking device that has recently captivated the e-cigarette market. Its sleek concealable shape and an array of flavors make it the favored choice for both adult and teen smokers. But contrary to Juul Labs’ claims that “Juuling” is a safe alternative to smoking cigarettes, recent studies have found that Juul and other e-cigarettes actually expose users to a number of dangerous health risks commonly associated with cigarettes. Researchers have also found links to risks not commonly associated with traditional cigarettes, such as e-cigarette users’ higher likelihood of developing bronchiolitis obliterans (more commonly referred to as “popcorn lung“). While research into Juul is still in its early stages, experts are already warning personal injury law firms, such as TorHoerman Law, to be prepared for a future massive influx of e-cigarette lawsuits. With the continued rise in Juul’s popularity, paralleled by continued research illustrating Juul’s health risks, a Juul lawsuit is an unfortunate likelihood.

If you use Juul or any other form of e-cigarettes, we urge you to read the following information as well as conduct your own research on Juul dangers before you continue using these products.

In addition, if you find that you are now addicted to Juul, consider joining other individuals in fighting back against the company that should have warned you and file a Juul lawsuit.

E-Cigarettes & Juul’s Rising Popularity

E-cigarettes have become extremely popular just in recent years, with e-cigarette use increasing 10-fold between 2011 and 2016. Juul currently holds more than 50% of shares in the e-cigarette market – a major market that is expected to be worth $86.43 billion by 2025 – making it by far the most popular e-cigarette available to consumers, with futures expected to reach $43+ billion.

 

Is Juul Bad For You?

There are a number of factors that can be attributed to Juul’s ability to break through the flooded e-cigarette market and establish itself as the leading brand for e-cigarettes, but the largest contributing factor is Juul Labs’ successful ‘healthy alternative’ advertising campaign.

Through the campaign, Juul Labs advertises its staple product as a safe alternative to traditional cigarettes, and an effective way to quit smoking. But, according to a study published in the American Journal of Physiology, the chemical flavorings and additives in e-cigarettes can potentially cause more damage to the lungs than the damage caused by conventional cigarettes.

Not only that, but the concentration of nicotine in each Juul pod is also a major cause for concern – it is one of the issues being fought in the Juul lawsuit.

 

How Much Nicotine is in a Juul / How Much Nicotine is in E-Cigarettes?

Juul and e-cigarettes put users at risk of developing injuries associated with nicotine use. Because, although some users are unaware, Juul pods do actually contain high quantities of nicotine. In general, e-cigarettes contain a lower dose of nicotine, ranging from 6 to 30 milligrams of nicotine per milliliter of liquid. Juul contains a much higher concentration of nicotine: 59 milligrams of nicotine per milliliter of liquid.

In fact, according to Juul Labs, one Juul pod contains about the same amount of nicotine as one pack of cigarettes. Experts argue that a Juul pod actually contains more nicotine than a pack of cigarettes because some of the nicotine in cigarettes is lost to filtration, whereas the nicotine released in a Juul pod is unadulterated by filtration – Juuls don’t have filters. This high dose of nicotine puts users at risk of both nicotine-related injuries and nicotine addiction.

Although Juul is advertised as both a safe alternative to cigarettes and an effective way to quit smoking, neither of these claims are actually supported by fact.

There is no evidence to support the claim that Juul is a reliable tool for quitting smoking – on the contrary, Juul contains as much, if not more nicotine than cigarettes. Because nicotine is the substance responsible for giving cigarettes their addictive nature, there is no reason to believe that Juul will help alleviate addiction. Some other e-cigarette brands offering lower mg/ml of nicotine may be more beneficial in lowering nicotine dependence.

 

Study Shows JUUL Nicotine Concentrations Cytotoxic

A research study has revealed that high levels of nicotine concentrations found in Juul e-cigarettes are “sufficiently high to be cytotoxic, or toxic to living cells when test in vitro with cultured respiratory system cells.”

Of the hundreds of electronic cigarette products analyzed by the research team, Juul was the only product with high enough nicotine concentrations to be toxic in standard cytotoxicity tests.

Of the eight different flavors manufactured and sold by Juul Labs, the study found differing levels of cytotoxicity. “We found some flavor chemicals, such as ethyl maltol, also correlate with cytotoxicity, but nicotine seems to be the most potent chemical in Juul products, due to it very high concentration,” according to the research team leader Prue Talbot, professor in the Department of Molecular, Cell and Systems Biology at the University of California, Riverside.

Although federal regulations limit the sales of Juul products to individuals 21 years and older, Juuling still remains prominent among adolescents, primarily middle-school and high-school-aged youth. James F. Pankow, a professor of chemistry as well as civil and environmental engineering at Portland State University, Oregon and a member of the research team, explained that experts are still unsure of the long-term adverse health effects with chronic Juul use. There is a growing concern amongst experts and the FDA that high doses of nicotine found in Juul products could affect the still-developing adolescent brain, especially when considering the cytotoxic effects Juul products have been found to have.

 

Are E-Cigarettes Bad For You?

Like Juul, e-cigarette manufacturers often advertise their products as being a safe alternative to cigarettes; free of the many harmful chemicals found in cigarettes. However, what most e-cigarette companies fail to warn consumers of is that their products contain diacetyl: a chemical that, if vaporized, is highly toxic and can have detrimental health effects to those who are exposed to its vapors. The most common injury associated with diacetyl vapor exposure is bronchiolitis obliterans (popcorn lung), a rare condition that damages your lungs small airways, making it difficult to breathe and causing individuals to experience aggressive coughing spirts. If untreated, popcorn lung can degenerate into total respiratory collapse, which can be fatal. Also known as coffee lung, it can be also be found in manufacturing facilities that produce animal food, gum, or other food products.

In its natural form, diacetyl is a harmless additive, used to enhance the flavoring of e-liquids. But when heated in an e-cigarette, diacetyl is transformed into its hazardous vaporized state.

The health risks of e-cigarettes differ depending on which brand you choose. If you choose to Juul, you are choosing to use a product that has a higher concentration of nicotine than normal cigarettes but does not contain dangerous diacetyl vapors. If you choose to use most other e-cigarettes, you are choosing a product that has a lower concentration of nicotine compared to cigarettes, but you are likely also putting yourself at risk of developing popcorn lung. Either way, you are still putting your health at risk.

Cigarettes are bad for you – but e-cigarettes are by no means a lesser of two evils. E-cigarettes, be it Juul or any other popular brand, still put you at risk of developing a serious and potentially fatal injury.

E-Cigarettes Cause Lung DamageThe study published in the American Journal of Physiology, which was conducted by medical investigators at the University of Athens, Greece, found that when vaporized, the chemical flavorings and additives can cause considerable inflammation in the lungs. According to researchers, even short-term e-cigarette use can induce significant inflammatory lung damage. Although this inflammation does not appear to pose a cancer risk, there are a number of other serious health risks associated with this kind of respiratory strain.

“Electronic cigarettes are advertised as a less harmful nicotine delivery system or as a new smoking cessation tool. Our findings suggest that exposure to e-cig vapor can trigger inflammatory responses and adversely affect respiratory system mechanics.” explained the study’s co-author Dr. Constantinos Glynos.

Experts in the field say that this first-stage exploratory research, which was conducted on lab mice, should have been initiated years ago before e-cigarettes gained market approval.

“They [e-cigarettes] hit the market around 2006, 2007 before research could be conducted to determine what the potential problems would be. The manufacturers were the ones telling us that these products were safe to use,” explained Dr. Patricia Folan, director of the Center for Tobacco Control, a division of Northwell Health in Great Neck.

These e-cigarette manufacturers never actually tested the potential health risks of their products but based their safety claims about these flavorings and additives on previous approvals made by the FDA for a variety of food additives. As Dr. Folan accentuated in her comments, these flavorings and additives were deemed safe for consumption, but no tests were conducted on the long-term effects of inhaling these chemicals in their vaporized state. Only now, more than a decade later, are the first third-party researchers exposing these health risks.

Now, it may, unfortunately, be too late. The long-term effects of exposure to these chemicals could be detrimental to the millions of U.S. smokers who have made the switch to e-cigarettes.

Previous research has been conducted on one chemical additive prevalent in e-cigarettes, diacetyl. Multiple studies have linked vaporized diacetyl to the medical condition bronchiolitis obliterans (popcorn lung), a degeneration of the lungs that can result in total respiratory failure and even death. The dangers of diacetyl were only uncovered after researchers learned that foods containing diacetyl posed a threat to consumers, prompting research into the dangers of diacetyl in e-cigarettes.

The American Journal of Physiology study found that other chemical additives found in e-cigarettes previously thought to be safe, such as propylene glycol, may be responsible for causing respiratory inflammation and other pulmonary problems.

While some e-cigarettes, such as the popular Juul e-cigarette, do not contain diacetyl, almost all do contain propylene glycol and other potentially harmful chemicals. A number of the flavor chemicals used in most e-liquids also contain aldehydes, which, when inhaled, can irritate the mucosal tissue in the respiratory tract.

The new research linking these chemical additives to lung inflammation may challenge Juul’s (and other manufacturers’) claims that their products are a safe alternative to conventional cigarettes.

With this new revelation of e-cigarette dangers, experts are calling for further research into the potential short-term and long-term effects of e-cigarette use.

“The observed detrimental effects in the lung upon e-cigarette vapor exposure in animal models highlight the need for further investigation of safety and toxicity of these rapidly expanding devices worldwide,” Dr. Glynos said.

If Juul and other e-cigarettes are still dangerous, why have the number of users been steadily increasing over time?

E-cigarettes feature two characteristics that make them appealing to smokers: enticing flavors that cut out the “bad taste” of cigarettes (1) and a concealable shape that allows them to be smoked virtually anywhere (2).

 

Juul Flavors / E-Cigarette Flavors

Juul offers users a range of enticing flavors, such as fruit medley, mango, cool cucumber, and crème Brulee. These flavors not only taste better but also reduce some of the social stigmas of smoking by eliminating the smoking odor. Federal law prohibits cigarette companies from selling flavored tobaccos, citing flavor’s appeal to youth smokers. But Juul and other e-cigarettes are able to circumnavigate these laws because they are not technically selling flavored tobacco, but rather a flavored e-liquid containing nicotine. A number of advocacy groups, and potential Juul lawsuit,  are currently challenging e-cigarette manufacturers’ ability to offer flavors in the U.S. legal system, but at this time flavors are still available to consumers.

The presence of diacetyl in e-liquids is due to these flavors. While not all flavors include diacetyl, many do. Diacetyl is most prevalent in both sweet and buttery flavors: flavors like butterscotch, coffee, candy, peppermint, and chocolate.

 

E-Cigarettes & Juul are Easily Concealable

E-cigarettes vary in shape, size, and design. But most e-cigarettes are either small enough to conceal from others or they designed to look more like an electronic device than a smoking apparatus. Either way, it is hard for most non-users to distinguish an e-cigarette for what it really is. E-cigarettes almost never give off a smoky aroma. Almost all e-cigarette exhalants are waterbased, so they put off a “cloud” of what is essentially water vapor. For these reasons, e-cigarettes are easier to conceal and their use in public is more socially accepted.

Juul distinguishes itself from other e-cigarettes because it is the most easily concealable of all e-cigarettes. Juul’s sleek shape is often confused with a USB-drive and the fact that it is charged using a USB outlet only further aids to this confusion. The device is small enough to fit in the closed palm of a person’s hand, unlike most other e-cigarettes which are much larger. Juul vapor is water-based and almost completely odorless, so users can smoke it indoors, in public, or in group settings without other’s noticing.

 

Teenagers and Juul

Nearly half of all Twitter users who followed Juul last year were between the ages of 13 and 17, according to a study published in JAMA Pediatrics. Juul’s sleek & concealable shape, a range of enticing flavors, odorless vapor exhalant, and mischaracterization as a healthy alternative to cigarettes has led it to become the name-brand of e-cigarettes. Juul has helped to end the social stigmas surrounding smoking.

This is unfortunate, especially for the anti-smoking advocacy groups who have been on a decades’ long mission to build those social stigmas around smoking. Those stigmas were built on a foundation that attacked the health effects of cigarettes, cigarettes off-putting smell, and the dangers of secondhand smoke. Juul Labs claims to offer a solution to all of these issues: Their product is supposedly safe, odorless, and there is no secondhand smoke.

Unfortunately, the demographic that seems to be most susceptible to this false advertising are teenagers. Until recently, nicotine use amongst teens had been on a steady decline since the mid-1990s. But with the introduction of Juul and other e-cigarettes, nicotine use is once again on the rise amongst teens.

At least 11% of middle school and high school students admit to using Juul.

According to an analysis from the Centers for Disease Control and Prevention and the Food and Drug Administration, around 33% of these teen users say that the availability of flavors is the main reason that they use this product. Another 39% attributed their use to a family member or friend who also used them. 17% claimed that they used Juul products because they believed them to be less harmful than other forms of tobacco – and the misconceptions about the health risks associated with Juul / e-cigarettes are rampant in the teenage demographic.

In fact, a majority of youth e-cigarette users think they vaped only flavoring, not nicotine, the last time they used an e-cigarette, according to a study conducted at the University of Michigan. Another study, conducted by the Truth Initiative, found that 63% of Juul users between 15 and 24 years old did not know that the product always contained nicotine – a chemical known to be harmful to adolescent brain development.

Teens that find themselves addicted to Juul should consider filing a Juul lawsuit while they now fight for their health.

But, Why are Teens using Juul?

Juul Labs has come under scrutiny by a number of advocacy groups who claim that Juul’s advertising campaign is aimed towards teens. The advocacy groups cited bright colors, youthful imagery, paired with fruity flavors offered by Juul – all of which they believe is an effort to hone in on the youth market.

Juul has also become something of a social phenomenon, taking over social media platforms, such as Instagram, which is popular with youth culture. On any given platform, you can find trending hashtags like #DoItForTheJuul, where teens post images of themselves using Juul and other e-cigarettes.

Juul’s concealable shape and odorless fume exhalant also make it attractive to teens, who have found it easy to use at home, in public, and even in school, under the watchful eye of adults.

Matt Myers, head of the Campaign for Tobacco-Free Kids, says that the youth’s fascination with Juul and e-cigarettes could quite possibly develop into a future health catastrophe – a whole generation of young adults could become addicted to nicotine for life.

 

Juul Lawsuit / E-Cigarette Lawsuit

Personal injury attorneys are preparing for a high frequency of Juul lawsuit cases and e-cigarette lawsuit cases, which are expected to begin building over the next few years. Juul lawsuits and e-cigarette lawsuits will range from diacetyl related injuries, smoking-related injuries, to false advertising and failure to warn consumer cases as well as an ongoing Juul lawsuit for addiction related injuries.

Currently, TorHoerman Law is filing e-cigarette lawsuit cases for any individuals who e-cigarettes and, as a result, developed bronchiolitis obliterans (popcorn lung). If you used Juul or another e-cigarette and suffered any injury besides popcorn lung, TorHoerman Law will still take your information, though we are not filing these lawsuits at this time.

For free, no-obligation chemical exposure, Juul lawsuit, or e-cigarette lawsuit case consultations, contact the offices of TorHoerman Law today. One of our experienced investigation team members would be happy to discuss your potential Juul lawsuit/e-cigarette lawsuit, free of charge.


Litigation Updates

Illinois State Attorney Files Lawsuit Against Juul 

August 14, 2019 - Illinois state prosecutors on Tuesday filed a lawsuit against Juul Labs, accusing the e-cigarette company of using targeted marketing practices to appeal to youth and intentionally get them addicted to their nicotine product. This is the first Illinios Juul lawsuit filed against the manufacturer.

The lawsuit, which is filed in Lake County, Illinois, is one of numerous identical state lawsuits filed against Juul labs recently. Michael Nerheim, the state’s attorney in Lake County, said that his office will be working with several private Chicago law firms in the Illinois Juul Lawsuit.

"Companies like Juul Labs are preying on our teens and pre-teens by turning them into addicts," Nerheim said. "Like dope dealers on a street corner, Juul intentionally created addicted teen customers, to get them to continuously come back for life."

The Illinois Juul lawsuit claims that Juul Labs utilized their social media presence in order to influence teens to post selfies using their Juul device.

Juul Labs stated that their company’s marketing team has never attempted to influence teens in this matter. However, the company has deleted their Instagram and Facebook. They claim to be making efforts to remove all inappropriate use of their product from social media platforms.

Congress Finds JUUL Used Youth Prevention Programs to Familiarize Youth With Products

June 15, 2019 - A Congressional House subcommittee on Thursday finished its two day hearing on JUUL e-cigarettes and the rise in youth vaping nationwide. Multiple ongoing investigations into JUUL Labs, conducted by the FDA as well as two state attorney generals, prompted this week’s Congressional hearing. Among matters discussed were JUUL’s advertising strategies and JUUL’s “Youth Prevention” cigarette risk education program. The Youth Prevention program was initially established by JUUL as a response to the public’s growing concern about youth vaping. JUUL organized Youth Prevention events nationwide claiming its commitment to combat the growing epidemic by educating kids on the dangers of smoking. According to JUUL’s Youth Prevention website, “JUUL Labs is committed to improving the lives of the world’s one billion adult smokers by eliminating cigarettes. We don’t’ want anyone who doesn’t smoke or already use nicotine, to use JUUL products. We certainly don’t want youth using the product. It is bad for public health, and it is bad for our mission.” As part of this mission, JUUL held numerous in-school presentations for students. JUUL offered $10,000 to each of the schools for the right to hold discussions with students. According to a JUUL spokesperson, the company has funded six grants of unspecified amounts to schools and youth programs in order to conduct “vaping prevention activities.” At one such event at the Dwight School in New York City, a JUUL representative met with students – with no teachers or adult supervision present – and told the students that while cigarettes were dangerous, JUUL e-cigarettes were “totally safe”. After donating $90,000 to the Richmond, California Police Activities League, JUUL held a Youth Prevention program for local middle school and high school student, specifically students who had faced suspension for using cigarettes. Juul “deployed a sophisticated program to enter schools and convey it's messaging directly to teenage children, recruited thousands of online influencers to market its vaping devices to youths and targeted children as young as 8 in summer camp,” wrote a Congressional subcommittee staffer in a memo prepared for the hearing. Representative Katie Hill (CA) accused JUUL of financing two specific Youth Prevention programs in exchange for data about student test scores, surveys, and activity logs. At one point during the hearing, Hill directly addressed JUUL chief administrative officer Ashley Gould, asking why JUUL would need any of that information. Gould said she was not aware that that data was collected, but defended the data collection stating, “anything we undertook in the educational space was intended to keep kids away from using the product.” In total, the subcommittee collected thousands of documents from JUUL and the agencies currently investigating JUUL, which the subcommittee used to base its findings. These documents included internal emails between JUUL employees. In an email dating from April of last year, JUUL director of youth prevention and education program Julie Henderson discussed whether the company should attend a health fair at Hinsdale Central High School, in the suburbs of Chicago. Henderson wrote to two consultants, “Just spoke with Ashley and she shares my concern about the optics of us attending a student health fair given our new understanding of how much our efforts seem to duplicate those of Big Tobacco.” The documents presented in the hearing also included a detailed plan to recruit celebrity “influencers” to promote the brand and products. The FDA has previously questioned whether JUUL used specific marketing tactics, including using social media “influencers” to advertise their products to an underage market. The marketing plan stated that JUUL aimed to use influencers in pop-culture with large audiences in various sectors such as music, movies, social, pop-media, etc. Defending against claims that JUUL marketed its products to appeal to youth, JUUL co-founder James Monsees addressed the subcommittee emphasizing JUUL’s discontinued in-store sales of flavored nicotine products, affording those sales especially to their website, which requires age-verified sales. Multiple hearing presenters contended Monsees argument, saying that JUUL’s efforts fell short. The subcommittee decided that JUUL’s claimed intentions for the Youth Prevention programs were a farce and that the company had used these programs to familiarize teenagers with its products. Representative Raja Krishnamoorthi (IL) stated that the company had also failed to actually discourage youth vaping by removing flavored products. “Although you say you took all the flavors out of the stores, you left the mint flavor,” he said. “Mint is a flavor and it took the place of other flavors,” Krishnamoorthi stated. JUUL continues to claim that the benefits of JUUL – helping cigarette smokers to transition away from cigarettes – are a benefit to public health. The FDA’s investigation is still ongoing. JUUL has until May 2020 to prove to the FDA that JUUL products are more of a benefit than a liability to public health, otherwise, the FDA could decide to pull JUUL off the market.

Federal Judge Orders FDA to Speed Up Vaping Products Safety Review

May 15, 2019 – Federal judge Paul W Grimm ruled to fast-track an ongoing safety review of thousands of vaping products currently being conducted by the FDA. The decision is part of a lawsuit filed against the FDA by the American Academy of Pediatrics (AAP), along with other health organizations. The AAP and associates claim that the FDA unjustifiably delayed safety and health reviews on the impact of e-cigarettes and cigars. Judge Grimm “ruled that, in 2017, the agency acted illegally by allowing e-cigarettes to remain on the market until 2022 before companies applied for FDA authorization and by permitting products to remain on the market indefinitely during review.” said Michael Felberbaum, FDA spokesperson. Felberbaum went on to say, “The agency has and will continue to tackle the troubling epidemic of e-cigarette use among kids. This includes preventing youth access to, and appeal of, flavored tobacco products like e-cigarettes and cigars, taking action against manufacturers and retailers who illegally market or sell these products to minors, and educating youth about the dangers of e-cigarettes and other tobacco products.” Grimm allotted a 30-day period for both the Plaintiff and Defense to devise plans to move forward with the vaping products review.

Teen Diagnosed with “Wet Lung” After Vaping for 3 Weeks

May 21, 2019 - a Pennsylvania teen was diagnosed with “wet lung” (hypersensitivity pneumonitis), a respiratory inflammatory disease caused by inhaling toxins and synonymous with e-cigarette usage. The 18-year-old female, who remains unnamed, admits to using vaping products for a period of two to three weeks before her diagnosis. She arrived at the emergency room with complaints of severe chest pain, coughing and issues breathing. She remained on breathing machines and tubes for five days. Other than minor asthmatic issues, which rarely required an inhaler, the teen has never had pulmonary issues previously. Wet lung presented "a life-threatening health risk of e-cigarette use in an adolescent patient," the teen’s doctors concluded. The doctors advise pediatricians to discuss the risks associated with vaping with their patients. According to the University of Pittsburgh Medical Center, this is the first case reported of in an adolescent as a risk of e-cigarette use.

FDA Grant Reprieve for E-Cigarette Industry

March 10, 2019 - Last year, the FDA put into place a 4-year window which allows e-cigarette manufacturers to continue production without any scrutiny from the government watchdog agency. The reprieve will allow E-cigarette manufacturers to continue to produce their approved products without the oversite requested by a number of advocacy groups and health organizations. The health effects and safety concerns revolving around e-cigarettes is in contention; the industry continues to claim that e-cigarettes are a healthy alternative to traditional smoking products, while some health experts believe that e-cigarettes pose the same risks, if not more of a risk to users. Now that e-cigarette products have been “fast-tracked” through the FDA’s pre-market process, these advocacy groups and health organizations are mounting up to file suit against the FDA on grounds that the FDA unjustifiably delayed safety and health reviews for e-cigarette products.

Another E-Cigarette Maker Warned for Advertising Products to Children

November 30, 2018 - The FDA has warned yet another e-cigarette liquid maker for advertising products depicting food for children. Electric Lotus LLC, a California-based company, has been issued a warning for "advertising its e-cigarette liquids with nicotine in a way that may cause the products to resemble kid-friendly food like juice boxes and cookies."

JUUL Suspends Most In-Store Product Sales, Deletes Social Media Accounts

November 14, 2018 - JUUL Labs announced that it will be suspending in-store sales of their most popular fruity e-liquid pod flavors. The company also plans to take the first step towards eliminating its social media presence, which many have charged with being one of the larger contributing factors to JUUL’s appeal to minors. JUUL will still offer in-store sales of mint, menthol, and tobacco e-liquid pods for individuals who are trying to quit smoking cigarettes. However, sales of fruity flavors, such as mango, fruit, creme, and cucumber, thought to be more enticing to teenagers, will be limited to online purchases only. The company says its working to develop technology to ensure that retailers comply with age requirements and restrict access to its products. This is likely a preemptive step, as e-cigarette manufacturers prepare for new industry sanctions and regulations expected to be announced by the FDA later this week. In an effort to combat the escalating number of teenage smokers, the FDA plans to unveil a ban on sales of flavored e-cigarettes in convenience stores and gas stations and strengthen the requirements for age verification of online sales of e-cigarettes. JUUL Labs, which retains more than 70% of domestic e-cigarette market shares, will surely be in the FDA’s crosshairs as the agency initiates these new regulations. Kevin Burns, a spokesperson for JUUL Labs, says that the company will be deleting all of its social media accounts as well as continuing in efforts to monitor and remove inappropriate material from 3rd party accounts. Burns says that this is all an effort to remove JUUL entirely from participation in the social conversation. "To remove ourselves entirely from participation in the social conversation, we have decided to shut down our U.S.-based social media accounts on Facebook and Instagram," Burns explained. "Our presence on Twitter will be confined to non-promotional communications only."

Juul Offered to Pay Schools to Introduce Vaping Curriculum That Fails to Educate Students of Dangers

October 31, 2018 - According to Buzzfeed News, "Juul offered to pay schools as much as $20,000 to introduce a vaping curriculum that would explicitly place more of the blame on peer pressure," However, “Juul consultants...encouraged students to try meditation and mindfulness exercises as an alternative to the vape pen, but failed to teach them about the dangers of vaping, experts said." Also, "according to an analysis of the curriculum published earlier this month in the Journal of Adolescent Health, Juul did not include information about how young people are especially susceptible to nicotine addiction." Experts in the analysis "also expressed concern that the company didn’t mention its marketing or flavors."

E-Cig Manufacturer, Altria, Pulled Products from Market

October 25, 2018 - In response to the FDA crackdown on e-cigarette manufacturers marketing to youth, one company decided to pull their MarkTen Elite and Apex by MarkTen pod-based products from the market. Altria will also be narrowing down their e-cigarette flavor options to tobacco, mint, and menthol. In a letter to the head of the FDA, Altria CEO Howard Willard III issued the following statement: "We believe e-vapor products present an important opportunity for adult smokers to switch from combustible cigarettes,” said. "Yet, the current situation with youth use of e-cigarette products, left unchecked, has the potential to undermine that opportunity for adult smokers."

Warning Issued to E-Cig Company For Selling Products with Erectile Dysfunction Drug Ingredients

October 12, 2018 - The FDA issued a warning to China-based HelloCig Electronic Technology Co. for selling vaping e-liquid products containing active ingredients used in erectile dysfunction drugs Cialis and Viagra. While the ingredients are approved for those specific pharmaceutical drugs, they are not approved for e-cigarette products. According to the FDA Commissioner Scott Gottlieb, "Prescription drugs are carefully evaluated and labeled to reflect the risks of the medications and their potential interactions with other medicines, and vaping active drug ingredients is an ineffective route of delivery and can be dangerous. There are no e-liquids that contain prescription drugs that have been proven safe or effective through this route of administration."

Dangerous Chemicals, Formaldehyde, and Diacetyl Reportedly Found in E-Cigs

October 2, 2018 - Studies conducted have shown that e-cigarettes can contain dangerous chemicals that could be putting user's health at risk. These chemicals include formaldehyde, a probable carcinogen, that is released when heated by high-voltage batteries and diacetyl, a flavoring chemical, found to be associated with bronchiolitis obliterans or Popcorn lung, a dangerous respiratory disease. CNN reported that a previous study looked at 51 of the 7,000 e-cigarette flavors currently marketed to consumers and found that diacetyl rates were higher than laboratory normal levels in 39 of the flavors. The Center on Addiction reported similar findings and stated that "Diacetyl and other chemical flavorings found in e-juice may be considered safe to ingest in small quantities, but are dangerous when inhaled deeply and repeatedly into the lungs."

FDA Conducts Surprise Inspection on Juul Labs Headquarters

October 2, 2018 - The FDA seized more than 1,000 documents from Juul Labs headquarters in San Francisco in a surprise inspection. The inspection “followed a request in April for documents that would help the agency better understand the high rates of use and appeal among the youth of Juul products.” According to a report by the Center for Disease Control and Prevention, Juul sales surged between 2016 and 2017. Retail sales data published in JAMA found that Juul’s sales increased from 2.2 million devices sold in 2016 to 16.2 million in 2017, with many of those customers being under the age of 18. The FDA said the surprise inspection was conducted because of particular interest in whether Juul deliberately marketed to minors.

San Francisco Becomes First City to Ban Sale of Flavored Vaping Liquids

June 5, 2018 - Voters in San Francisco approved an ordinance that would ban the sale of flavored vaping liquids and also prohibit the sales of menthol cigarettes and other flavored tobacco products. Becoming the first city in the nation to pass a ban of this kind, San Francisco has set a precedent for other cities to follow suit.

E-Cigarettes, Including JUUL, Under Review and Potentially Banned

March 21, 2018 - In an effort that anti-smoking advocates are calling way overdue, the FDA is investigating the safety of menthol and other flavoring additives in tobacco products to determine if these additives should be more heavily restricted or even banned. This investigation comes as e-cigarettes continue to gain overwhelming popularity amongst consumers. The FDA wants to determine whether these potential health risks necessitate readdressing the restrictions placed on e-cigarettes and other tobacco products containing flavoring additives. Earlier this week, Commissioner Scott Gottlieb, MD, announced that the FDA has issued an advanced notice of proposed rulemaking (ANPRM) – a process of collecting data and hearing expert testimony on the costs and benefits of tobacco flavoring additives to determine whether these products should be more heavily restricted or even banned. The FDA conducted an ANPRM to determine whether to ban methanol and other flavoring additives in 2013. To the detest of anti-smoking groups, no changes followed this ANPRM. The current ANPRM pertains to e-cigarettes and other non-combustible tobacco products. Flavor additives in combustible tobacco have been banned since 2009. Almost all popular e-cigarettes contain some form of flavoring additive. Gottlieb noted that the intention of the flavoring additives in these products was obviously to appeal to the youth, middle-school and high-school students. Gottlieb said that he recognized the validity of the argument that these flavors help adult smokers to wean off of cigarettes. However, Matthew L. Myers, president of the Campaign for Tobacco-Free Kids, disagreed with the validity of this claim. Myer explained that while there is an abundance of evidence that e-cigarette flavorings are associated with increased use among teens and young adults, there is almost no evidence that the flavoring will help cigarette smokers to quit. If the FDA does decide to restrict or ban some or all tobacco flavoring additives, the agency will conduct a follow-up comment period. Robin Koval, president of Truth Initiative, said that in the best-case scenario, it will be several years before the restrictions or bans are put into effect. "The FDA is taking the right actions, so we are optimistic that they are serious about this," Koval said. "But time is of the essence. This has taken way too long."

E-Cigarettes Could Cause Cancer, New Study Warns

January 31, 2018 - A study published in Proceedings of the National Academy of Sciences suggested that the nicotine in e-cigarettes seems to cause damage to DNA in ways that would increase the risk of certain cancers for e-cigarette users. According to lead researcher Moon-Zhong Tang, professor of environmental medicine at New York University School of Medicine, the study showed that the vaporized nicotine not only damaged DNA but also its ability to repair itself. The study is the first research to produce evidence that e-cigarettes could be carcinogenic. "It is certainly concerning, and certainly gives pause if one were to say e-cigarettes were safe and could be used by all people without consequences," said Dr. Roy Herbst, chief of medical oncology at Yale Cancer Center and chair of the American Association for Cancer Research’s Tobacco and Cancer Subcommittee. In fact, this is not the first study to expose the dangers of smoking these devices. Previous research has connected e-cigarettes to the life-threatening respiratory disease known as popcorn lung. Tang and his colleagues conducted the research using laboratory, which they exposed to e-cigarette vapor containing nicotine and liquid solvents. The researchers also exposed mice to nicotine and liquid solvents separately. While previous studies conducted on the safety of e-cigarettes have used e-liquids heated at high levels of electricity, which resulted in other dangerous chemicals such as diacetyl being exposed, Tang’s team used lower levels of electricity, at or below the voltage that most all e-cigarettes operate. In testing the nicotine-solvent combination, as well as the solvent alone, the researchers found that the nicotine alone, and not the solvent, produces the effects that caused damage to the DNA. The researchers conducted similar tests on cultured human lung and bladder cells and found the same effects. Not all animal research results in similar outcomes when tested in humans, so researchers cannot say for certain that a human trial would result in similar DNA damage. However, if further research does confirm Tang's results, Herbst says that could mean that e-cigarettes may carry their own cancer risk. Tang and his team are currently conducting research on the long-term effects of exposure to the nicotine in e-cigarettes using similar methods. From his research, Tang could not say whether he found e-cigarettes to be more dangerous than traditional cigarettes. "We just cannot guess with the data we have," Tang explained.

FDA Seeks Marketing Info From More E-Cig Makers

October 16, 2017 - The U.S. Food and Drug Administration on Friday asked 21 e-cigarette companies, including the makers and importers of Vuse Alto and Myblu, to cough up information about whether more than 40 products are being illegally marketed. This comes amid claims from consumers that the e-cigarette companies are using tactics to market their products to underage teenage consumers. Juul labs recently came under heat for potential illegal marketing practices, leading the FDA to conduct a full review of the manufacturers marketing practices. If found in contention with the rules and regulations of marketing, these companies could find their products removed from the US market altogether.

E-Cigarette Legislation Protecting Children Signed Into Law

February 8, 2016 - E-cigarettes are adult products that should be kept out of the hands of children. That is the focus of legislation that passed both the U.S. House and Senate that will potentially save the lives of many children, as the debate regarding the regulation of the e-cigarette industry continues. President Obama signed the Child Nicotine Poisoning Prevention Act of 2015 into law on January 29. It requires manufacturers to put childproof caps on the small bottles of liquid nicotine used in e-cigarettes. Liquid nicotine is sold in concentrated form for use in e-cigarettes and is often packaged in easy-to-open, brightly colored vials with appealing flavors. Just a single teaspoon of highly concentrated liquid nicotine is potent enough to kill a small child, according to the American Association of Poison Control Centers.

See More

References

 

Boyles, Salynn. "FDA Move on Tobacco Flavorings 'Long Overdue'." Medpage Today, Everyday Health, 20 Mar. 2018,
www.medpagetoday.com/pulmonology/smoking/71888

Brodwin, Erin. "The US Surgeon General Just Issued a Rare Advisory about e-Cigs like the Juul - Here's Why Vaping Is so Dangerous." Business Insider, Business Insider, 18 Dec. 2018, www.businessinsider.com/surgeon-general-warns-vaping-e-cigs-juul-health-effects-2018-12

Edwards, Erika. “Illinois County Sues e-Cigarette Maker Juul over Youth Marketing.” NBCNews.com, NBCUniversal News Group, 14 Aug. 2019, www.nbcnews.com/health/kids-health/illinois-county-sues-e-cigarette-maker-juul-over-youth-marketing-n1042011.

FDA. FDA, September 22, 2009, https://www.fda.gov/TobaccoProducts/Labeling/ProductsIngredientsComponents/ucm2019416.htm

"Global E-Cigarette and T-Vapor Market to Reach $86.43 Billion by 2025, Reports BIS Research." PR Newswire: News Distribution, Targeting and Monitoring, www.prnewswire.com/news-releases/global-e-cigarette-and-t-vapor-market-to-reach-8643-billion-by-2025-reports-bis-research-675808803.html

Gomez, Luis. "San Francisco Banned Flavored Tobacco Products. Could Other California Cities Follow?" Sandiegouniontribune.com, 8 June 2018, www.sandiegouniontribune.com/opinion/the-conversation/sd-california-flavored-tobacco-debate-20180608-htmlstory.html

Kim, Annice E., Chew, Robert, Winger, Michael, et al. "Estimated Ages of JUUL Twitter Followers." JAMA Pediatrics, 20 May 2019, jamanetwork.com/journals/jamapediatrics/article-abstract/2733855.

http://www.monitoringthefuture.org/pubs/monographs/mtf-overview2016.pdf

LaMotte, Sandee. "5 Cancer-Causing Toxins Found in e-Cigarette Vapor." CNN, Cable News Network, 2 Oct. 2018, www.cnn.com/2015/12/31/health/where-we-stand-now-e-cigarettes/index.html

Miller, Ryan W. "Viagra and Vape? FDA Warns e-Cigarette Company Selling Erectile Dysfunction Drug in e-Liquid." USA Today, Gannett Satellite Information Network, 14 Oct. 2018, www.usatoday.com/story/news/nation-now/2018/10/12/vape-liquid-viagra-cialis-fda-warning-e-cigarette-company/1619474002/

"Morbidity and Mortality Weekly Report (MMWR)." Centers for Disease Control and Prevention, Centers for Disease Control and Prevention, 15 Feb. 2018, www.cdc.gov/mmwr/volumes/67/wr/mm6706a5.htm?s_cid=mm6706a5_w

Thompson, Azure. "Are Nicotine-Free E-Cigarettes Harmful?" Center on Addiction, 1 Oct. 2018, www.centeronaddiction.org/e-cigarettes/tobacco-replacement/are-nicotine-free-e-cigarettes-harmful

Truth Initiative. "63% Of Youth Are Unaware That JUUL e-Cigarettes Contain Nicotine." Truth Initiative, Truth Initiative, 26 June 2018, truthinitiative.org/news/juul-e-cigarettes-gain-popularity-among-youth

Last Modified: August 22nd, 2019 @ 08:56 pm

Juul Lawsuit

If you are a Juul user, or use any other form of e-cigarettes, and have developed any injuries associated with traditional cigarette use, such as cancer, or if you have developed bronchiolitis obliterans (popcorn lung), contact TorHoerman Law today for a free no-obligation consultation for your potential Juul lawsuit or e-cigarette lawsuit.