Deceptive Trade Practice

JUUL E-cigarette Deceptive Marketing Class Action Investigation

 

The JUUL e-cigarette is a small, discrete e-cigarette that looks like a USB thumb drive. Small pods containing flavored nicotine solution, called JUULpods, are sold in a number of flavors including mango, fruit medley and crème brulee. In just three years, the JUUL e-cigarette has turned JUUL Labs, Inc. into a business valued at $15 billion. 

JUUL represents that one JUULpod, contains about as much nicotine as a pack of cigarettes. But the JUUL does not taste like a cigarette, create a harsh sensation on the throat like a cigarette, or deliver nicotine like a cigarette. According to JUUL's own studies, JUUL's nicotine formulation creates peak blood-nicotine levels that are up to 35% higher than that of a Pall Mall cigarette. 

Migliaccio & Rathod currently represents adults and parents of youth in class action litigation against JUUL. The complaint alleges that JUUL e-cigarettes deliver far more nicotine into the bloodstream than a cigarette and deliver that nicotine faster than a cigarette, which creates an extremely high risk of nicotine addiction, especially in youth. The complaint also alleges that JUUL engaged in an advertising campaign that drew in youth and non-smokers, and promoted its products heavily on social media platforms used by the majority of youth in this country. 

JUUL Use On The Rise With Youth

Recent estimates indicate that up to 2,000,000 youth (i.e., 12 to 17 year olds) have use a JUUL e-cigarette within the last 30 days, which nicotine addiction specialists consider an indicator of nicotine addiction.  The device's discreet design paired with its colorful marketing and flavor varieties has gained popularity in school settings, as the JUUL is easy to hide, simple to use, and easy to purchase through eBay or retail locations that underage purchasers frequent. Coupled with the JUUL's ability to deliver large doses of nicotine to the bloodstream, many health professionals are referring to JUUL use as a problem of epidemic proportions. Middle and high school staff have taken measures to combat the prevalence of vaping, or JUULing—the term given to using a JUUL —by monitoring bathrooms to prevent the shared use of a JUUL device, suspending, and even expelling students for violating anti-smoking policies. Nationwide data, however, show that their efforts are failing.

The 2017 Monitoring the Future survey on adolescent drug use found that 11 percent of 12th graders, 8.5 percent of 10th graders, and 3.5 percent of 8th graders had vaped nicotine in the previous 30 days, the New York Times reports. The Surgeon General’s Report on e-cigarette use among youth and young adults found the following:

  • In 2015, more than 3 million youth in middle and high school, including about 1 of every 6 high school students, used e-cigarettes in the past month.
  • More than a quarter of youth in middle and high school have tried e-cigarettes.
  • The prevalence of past 30-day use of e-cigarettes is similar among middle school students (5.3%) and adults 25 years of age and older (5.7%).
  • More than 85% of e-cigarette users ages 12-17 use flavored e-cigarettes, and flavors are the leading reason for youth use.

The lack of research on the long-term health effects of vaping should be of concern to any parent with an underage JUUL user. In addition, the high nicotine concentration of JUUL products creates a risk of long term nicotine addiction in children who use JUUL products.

Are you or your child addicted to JUUL e-cigarettes?

If so, please contact us for a free attorney evaluation by filling out the contact form to the right of this page or call us at 202-470-3520.

Case Status - Active

April 24, 2018 - Complaint filed in United States Federal Court for the Northern District of California  

June 12, 2018 - First Amended Complaint filed. Link: First Amended Complaint.

Attorneys Committed to Consumer Protection

The lawyers at Migliaccio & Rathod LLP have years of experience in class action litigation against large corporations, including in cases involving unfair & deceptive trade practices. More information about our current cases and investigations is available on our blog.

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