Florida’s attorney general is suing Juul Labs in state court, alleging that the electronic cigarette company has been illegally targeting children in its marketing campaigns to the point that Florida is now in the midst of an “underaged vaping epidemic.”
But a Juul Labs spokesperson said it would fight the lawsuit, which was filed Oct. 4 in the Hillsborough County circuit court. The lawsuit doesn’t address the sale of foreign-made, disposable vaping products in Florida that disregard responsible practices to avoid underaged sales.
“Juul Labs is disappointed by this lawsuit given that we have already reached settlements with 48 states and territories,” the company said in an email to the Florida Record. “... Nevertheless, we remain committed to working with the state to address what is by far the most significant driver of underage vapor use in Florida today: illicit and potentially harmful disposable products emanating from China.”
The company argues that Florida’s recorded sales of questionable vaping products from China are the highest in the nation. In comparison, Juul Labs has reduced minors’ access to its products by 95% while restructuring the company and halting mass-market advertising, the company said.
Juul Labs has also questioned why Florida Attorney General Ashley Moody did not take part in a recent legal settlement over youth vaping issues. Had she done so, Florida would have gained a share of millions of dollars in settlement funds to combat underage vaping use and to set up cessation programs, the company said.
Vaping products from China do not comply with the Food and Drug Administration’s regulatory regime and are now widely used by children in Florida, the spokesperson said.
The state lawsuit alleges Juul’s manufacturing techniques make its vaping devices easily concealable from parents and that the company sold nicotine products in flavors that are attractive to children.
“Juul emulated the marketing tactics that addicted generations to combustible cigarettes and in doing so addicted a new generation to nicotine, ensuring itself customers for decades to come,” the lawsuit states.
The company also relied on age-verification methods that it knew were not effective, according to the complaint.
“Juul relentlessly marketed to underage users with launch parties, advertisements using trendy-looking and young models, social media posts and free samples,” the lawsuit says.
The complaint quotes the U.S. surgeon general as saying that the nation has “never seen use of any substance by America’s young people rise as rapidly as e-cigarette use is rising.”
Moody’s lawsuit seeks to bar Juul Labs from targeting children in its marketing campaigns and deceiving customers about the nicotine concentration of its vaping products. It also seeks civil penalties, attorney fees and court costs.
“Exploiting our children and jeopardizing their health for financial gain is illegal and immoral,” Moody said in a prepared statement. “Juul cannot sweep its role in creating the teen vaping epidemic under the rug. … I will not allow Juul, or any other vaping business, to violate the law and target our children with products that are addictive and particularly harmful to their still-developing minds and bodies.”