Juul Labs E-Cigarettes Target Minors Massachusetts Class Action

This class action against Juul Labs, Inc. asserts that Juul’s “unfair and deceptive trade practices misled” minors “into use of its highly addictive e-cigarette products.” The e-cigarettes, the complaint claims, were “unreasonably dangerous” yet were marketed and sold to minors.

The class for this action is all persons in Massachusetts who became regular users of Juul e-cigarettes before the age of 18, and the parents and legal guardians of such persons. The class does not include those who were regular users of ordinary cigarettes before they began using Juul products.

The complaint has been brought by three plaintiffs.

• Matthew Murphy began using Juul e-cigarettes when he was 17. His addiction, the complaint claims, “disrupted his ability to perform effectively in academic and athletic affairs.” 
• Cade Beauparlant began using Juul e-cigarettes when he was 16. The complaint claims that when he was still in high school, he “would regularly leave class to use his Juul…, finding that he could not sit for the duration of a class without taking a puff.” 
• A minor identified as “M” began using Juul e-cigarettes when he was 15. His mother claims his addiction has made him angry, irritable, aggressive, and anxious. Other problems, his mother says, have included coughing, nausea, and vomiting. 

While Juul supposedly designed its products for adults who want to quit traditional smoking, the complaint says, “Juul designed its e-cigarettes to yield a physiological response and degree of ‘satisfaction’ exceeding those of even traditional cigarettes.”

It alleges that the products deliver “very high concentrations of the addictive chemical[] nicotine, while simultaneously mitigating adverse taste and irritation…” The result is that the products are “particularly attractive and accessible to minors who have never smoked a single conventional cigarette.”

The complaint claims, “Juul e-cigarettes are designed to allow for previously unpalatable concentrations of nicotine to be inhaled by teens who are naturally sensitive to nicotine… This design circumvents teens’ natural defense mechanisms, thereby facilitating exposure to levels of nicotine that rapidly leads to early and significant nicotine dependence and addiction in adolescents.”

The complaint alleges that the 5% concentration of nicotine in the products “is approximately three times the maximum nicotine concentration level permitted to be used in e-cigarettes sold in the European Union” and may be even higher than 5% in some products.

The complaint claims that Juul designed its products to appeal to minors, including using sweet and mentholated flavors and adding features that appeal to minors, such as an “Easter Egg” that can create “a rainbow of flashing colors.” Certain advertising campaigns and product designs also seem to be targeted to the young and tech-savvy, the complaint says. 

According to the complaint, “adolescents are particularly vulnerable to nicotine addiction” and nicotine “can permanently alter children’s and adolescents’ brain chemistry, with long-term impacts on young people’s physical and mental health.” However, the complaint says, Juul creates the impression that its products present lower risks than conventional cigarettes.

Article Type: Lawsuit
Topic: Consumer
Tags: Children/Minors, E-Cigarettes