In a recent legal battle, six states—California, Colorado, Illinois, New Mexico, New York, and Massachusetts—along with Washington, D.C., filed a lawsuit against Juul, a prominent vape manufacturer. The states accused the company of intentionally targeting teenagers through their marketing efforts. On April 12, 2023, Juul agreed to pay a staggering $462 million to settle these claims. As part of the settlement, Juul's marketing will be restricted in those states, and the company will be required to keep their products behind store counters for age verification purposes. This lawsuit is just one of many legal challenges and public criticisms that Juul and the vaping industry at large have faced in recent years.
Vaping and Teens The popularity of vaping among teens and young adults is a concerning issue. According to a study conducted by the United States Food and Drug Administration (FDA) and Centers for Disease Control and Prevention (CDC), 13.4 percent of high school students used a tobacco product during the 2021 school year, with vaping being the most common way they consumed nicotine. Recent lawsuits have linked the appeal of vaping products to teenagers with their marketing strategies. Juul e-cigarettes and other vaping products often have colorful packaging, and their advertisements contribute to their allure.
Moreover, the availability of a wide range of fruit and sweet flavors, unique to vaping products, appeals to youth. Juul and other e-cigarette brands capitalize on these flavors, which are not found in traditional cigarettes. Dr. Naveed Sami, MD, a dermatologist specializing in youth health issues, believes that the marketing tactics and enticing flavors of vaping products contribute to the rise in youth vaping. The sleek appearance of e-cigarettes further adds to their appeal, leading to millions of teenage customers. In 2018, the FDA even declared teen vaping in the US as an epidemic.
However, claims made by Juul and other vape manufacturers that vaping is safer and healthier than traditional cigarette smoking lack substantial evidence. Studies have not adequately investigated the contents of vape products or their related health effects. Shockingly, a single Juul pod contains as much nicotine as an entire pack of cigarettes, and a study in 2019 found that vaping was associated with an increased risk of stroke, heart attack, and heart disease. Dr. Sami further elaborates that vaping has been linked to various illnesses and risks, including respiratory conditions, nicotine addiction, potential long-term health impacts, and a serious lung injury known as E-cigarette or Vaping Associated Lung Injury.
Other Vaping Lawsuits The recent settlement between Juul and the six states is not an isolated incident. Juul has settled lawsuits with a total of 45 states, resulting in a payout exceeding one billion dollars. Apart from lawsuits regarding their marketing practices, the company and other vape manufacturers face numerous other legal challenges. Here are some notable lawsuits:
In February 2023, the FDA filed a lawsuit against four companies—VapEscape, Great American Vapes, Vapor Corner, and 13 Vapor—for selling unauthorized vaping products.
In May 2020, the City of Chicago sued Juul, alleging that their advertising targeted youth and downplayed health risks. Juul settled this case on March 10th, 2023, for $23.8 million.
In October 2022, Juul settled over 8,000 lawsuits filed by individuals, families of Juul users, school districts, city governments, and Native American tribes. They alleged that Juul products harmed their families and communities while the company minimized the health effects of vaping.
Individual lawsuits related to illness and death linked to vaping have also been filed.
The Future of Vaping The legal battles have significantly impacted Juul's operations. Since 2019, sales of Juul in the US have plummeted by 95 percent. Additionally, the company ceased selling the majority of its flavored products in the US in 2019. In November 2022, Juul announced a 30 to 40 percent reduction in its operating budget and planned to lay off approximately 400 employees.
The lawsuits have also undermined the notion that vaping is safer than traditional cigarette smoking. Although some individuals still hold this belief, awareness of the multiple lawsuits against Juul and other e-cigarette companies has grown. Public awareness campaigns have been launched nationwide to educate people about the dangers of e-cigarettes.
For instance, in New York, a portion of the $112.7 million awarded by Juul as part of the $462 million settlement will fund programs aimed at educating teens about vaping and providing support to those who already vape or use nicotine products, helping them quit.