California became the second state to file a lawsuit against Juul, accusing the e-cigarette maker of creating marketing campaigns that targeted the state’s teenagers.
The lawsuit, filed Monday, comes six months after North Carolina filed suit again Juul for the same reason and just hours after President Donald Trump reportedly backpedaled on his intentions to ban most flavored e-cigarettes. Juul Labs Inc. (JLI) faces multiple state and federal investigations into whether its early marketing efforts helped spark the current vaping craze among underage users.
The lawsuit from California alleges, among other things, that Juul’s website did not previously adequately verify customers’ ages.
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“JLI’s campaign has been wildly successful, with millions of teens and young adults using their product,” California Attorney General Xavier Becerra wrote in court documents. “While JLI’s profits soared, users became addicted and their health was harmed. Some users took up cigarette smoking or became dual users of both cigarettes and electronic cigarettes.”
Juul disputes allegations that it marketed to teens. The company points out that it has halted its advertising and removed most of its flavors from the public.
Earlier this month, Juul announced it would stop selling its mint refill pods, which account for about 70% of the company’s U.S. sales, in a step that could hurt profits. The move came after Juul had already stopped selling sweet and fruit-flavored pods, citing their appeal to youth users.
Still, California officials said Juul had a marketing plan that described their target customer and the targeted customer had common characteristics of teenagers and young adults. The complaint alleges Juul uses nicotine salts in the pods to create an experience similar to smoking tobacco cigarettes.
“The short and long-term consequences of JLI’s actions for young people, for public health, and for public resources, both at the state and local level, are devastating,” Becerra said in court documents.
At least 42 people have died from lung illnesses linked to vaping, according to the U.S.Centers for Disease Control and Prevention.
In May, North Carolina Attorney General Josh Stein accused Juul of causing an “epidemic” among young people through “unfair and deceptive” marketing practices. Stein said the fruit and dessert-like flavors have enticed underage users to buy the product.
Massachusetts Attorney General said in July the state has launched an investigation into Juul, as well as other online e-cigarette retailers, focused on their marketing efforts toward teenagers. School districts in Kansas, Missouri, Washington and on Long Island have also filed suit against Juul.
Mr. Trump in September announced a proposed ban on e-cigarette flavors, saying he wanted parents to be aware of what a problem vaping has become among teens. He made the announcement in the presence of first lady Melania Trump, who does not believe e-cigarettes should be available to children.
But two White House and campaign officials said Monday that Mr. Trump has since grown reluctant to move forward after becoming convinced that such a step could alienate voters he needs for re-election who would be financially or otherwise affected by such a ban.
