A Long Island teenager has filed a suit against Juul Labs, a maker of flavored e-cigarettes, arguing that the company both targeted and misled young people.
The law suit, seeking class action status, was filed on Oct. 1 in federal court in the Eastern District of New York on behalf of Shawn Hochhauser, a 19-year-old Massapequa resident who it indicates began using JUUL products at age 15.
The suit was filed by Rye Brook-based Klafter Olsen & Lesser and Voorhees and NJ-based Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinnis, charging San Francisco-based JUUL with negligence, fraud and faulty design and being a public nuisance.
It argues that they engaged in “misleading, deceptive, and unconscionable practices and exploiting themes and images that resonate with teenagers and young adults,” such as use of animation, hiring of models and influencers to promote e-cigarettes and social media advertising.
The suit was also filed against Altria Group and Philip Morris, both based in Richmond, Va., which it indicates have a 36 percent stake in JUUL.
The suit charges the company with “manufacturing and promoting flavors that were designed to appeal to minors and young adults, while falsely denying doing so.”
“Defendants’ unlawful practices have led to an epidemic of individuals addicted to e-cigarettes and vaping, to their severe detriment,” according to the suit.
It was filed about a week after JUUL CEO Kevin Burns said he would step down and K.C. Crosthwaite, who had been chief growth officer at Altria Group, joined the company as CEO.
JUUL at the time said it would suspend all broadcast, print and digital product advertising in the United States and refrain from lobbying government on its draft guidance regarding its products.
“I have long believed in a future where adult smokers overwhelmingly choose alternative products like JUUL,” Crosthwaite said. “That has been this company’s mission since it was founded, and it has taken great strides in that direction. Unfortunately, today that future is at risk due to unacceptable levels of youth usage and eroding public confidence in our industry.”
The suit, however argues that JUUL very deliberately reached out and marketed to youth, rather than focusing primarily or exclusively on older smokers seeking an alternative.
“E-cigarettes are hooking a new generation on nicotine—putting millions of kids at risk and threatening progress in reducing youth tobacco use,” according to Protect Kids: Fight Flavored E-cigs, an advocacy group. ” It’s a nationwide epidemic fueled by thousands of kid friendly flavors. ”
Bloomberg Philanthropies has pledged $160 million to “end the youth e-cigarette epidemic.” The lawsuit, however, seeks to win $5 million or more – for users of the product.
The suit contends that when Hochhauser began purchasing JUUL e-cigarettes, “he believed based on JUUL’s advertisements and marketing, that these products were safe for use, were safer than conventional cigarettes” and would not be unhealthy.
“ When he began purchasing JUUL e-cigarettes, he was unaware of the addictiveness of these products,” according to the suit.
The suit indicates that Hochhauser has suffered severe adverse health effects, including severe coughing, shortness of breath, chest pains, increased phlegm/mucus, throat irritation, and vocal changes.
“Due to his JUUL e-cigarette use, plaintiff suffers, and continues to suffer, adverse consequences including, but not limited to, severe emotional distress and medical expenses,” according to the law suit.
The suit indicates that JUUL in November 2018, after approximately three years of advertising, shut down and deleted its social media accounts after” years of promotion, advertising, and marketing directed at minors and young adults.”
“Such marketing was done fraudulently with the intent to mislead individuals – such as the class members – into purchasing JUUL e-cigarettes,” according to the suit.
It also argues that the company “failed to warn of any adverse effects that they knew, or should have known, would likely occur,” including addiction, increased risk of heart disease and stroke, anxiety, depression, and other long term mental health conditions.
According to the Food and Drug Administration, 3,620,000 middle and high school students in the United States used e-cigarettes in 2018, according to the suit.
E-cigarette use increased 78 percent among high school students between 2017 and 2018, from 11.7 percent of all students to 20.8 percent of all students.
E-cigarette use also increased 48 percent among middle school students, from 3.3 percent to 4.9 percent of all students, from 2017 to 2018.
The Centers for Disease Control and Prevention and the Food and Drug Administration indicated electronic cigarettes should not be used by youth, young adults, pregnant women, or adults who do not currently use tobacco products, according to the filing.
