North Carolina Becomes First State To Take Juul To Court Over Claims It Uses ‘Unfair And Deceptive’ Marketing Practices
North Carolina Attorney General Joshua Stein focused on allegations that the e-cigarette maker targeted teens with its marketing practices, a claim that Juul has been fending off from federal regulators as well. The state is asking the court to apply a marketing and advertising ban that mimics that of the Tobacco Master Settlement Agreement, which went into effect in 1998. Meanwhile, the FDA has been ordered to speed up its review of thousands of electronic cigarettes currently on the market.
The Associated Press:
North Carolina Sues E-Cigarette Maker JUUL Over Marketing
North Carolina's attorney general is suing a popular e-cigarette maker, asking a court to limit what flavors it can sell and ensure underage teens can't buy its vaping products. Josh Stein, the top law enforcement official in the traditionally tobacco-friendly state, said Wednesday he's the first state attorney general to take the maker of Juul to court. The Massachusetts attorney general last year announced an investigation into Juul's sales and marketing. (5/15)
The Washington Post:
Juul Lawsuit: North Carolina Tries To Ban Most Sales And Marketing In The State
The suit, filed in state court, alleges that Juul caused addiction in consumers by “deceptively downplaying the potency and danger of the nicotine” and employed advertising campaigns that targeted people under the legal smoking age. Several of the state’s requests overlap with existing Food and Drug Administration policies, including prohibiting the sale of Juul and other e-cigarette products to minors. But the state’s complaint goes further: FDA guidelines restrict the sale of fruit or candy flavors in stores, allowing menthol, tobacco and mint to be sold. North Carolina’s request would bring mint off the market in that state, in addition to the popular flavors like mango and cucumber. (Paul, 5/15)
The Wall Street Journal:
North Carolina Accuses Juul Of Targeting Teens In Lawsuit
“Juul’s business practices are not only reckless, they’re illegal,” Mr. Stein said Wednesday in a statement. “And I intend to put a stop to them. We cannot allow another generation of young people to become addicted to nicotine. ”Juul said in a statement that the company shares the concerns about youth vaping and noted it had been working with Mr. Stein’s office and taken aggressive actions to combat underage use. (Armental, 5/15)
The Associated Press:
Judge Orders FDA To Speed Up Review Of E-Cigarettes
A federal judge is siding with public health groups suing the Food and Drug Administration to begin reviewing thousands of e-cigarettes on the U.S. market. The ruling handed down Wednesday in district court states that the agency shirked its legal duty when it postponed reviewing all U.S. vaping products by several years. (5/15)
The Hill:
Federal Judge Orders FDA To Start Regulating E-Cigarettes
The decision amounted to "an abdication of its statutory responsibilities," Judge Paul Grimm ruled. While it tried to figure out how to implement the law, FDA, he said, essentially afforded "the manufacturers responsible for the public harm a holiday from meeting the obligations of the law." Grimm ruled that FDA has two weeks to submit a specific plan of action on moving forward with the reviews. Grimm noted that the agency will still have to go through the standard rulemaking procedures, but added that "manufacturers long have been on notice" that they will have to submit their products for FDA reviews. (Weixel, 5/15)
In related news —
The Wall Street Journal:
Reynolds, With An Eye On Juul, Wades Into Social Media
One of the biggest U.S. tobacco companies has started marketing its e-cigarettes on Twitter and Instagram, seeking to regain market share lost to upstart Juul Labs Inc. The ads and social-media accounts for Vuse e-cigarettes, from Camel and Newport maker Reynolds American, launched Wednesday. They come less than a year after Juul pulled back its U.S. social-media marketing amid concerns that it had targeted teenagers. (Maloney, 5/15)
