San Antonio Express-News

Juul facing lawsuit over underage vaping

- By Janan Hanna

E-cigarette maker Juul Labs and Philip Morris USA were sued for illegally marketing nicotinede­livery devices to minors and deceiving consumers about the risks of vaping.

The lawsuit was filed on behalf of Christian Foss, 19, who says he became addicted to nicotine and suffered worsening asthma symptoms after he began using Juul’s device at 16. He seeks to represent all Illinois minors who used it.

The lawsuit alleges that Juul and Philip Morris violated the Racketeer Influenced and Corrupt Organizati­ons Act, adopting the tobacco industry’s past use of catchy ad campaigns aimed at children. The Justice Department invoked RICO to sue the industry two decades ago.

“Mimicking Big Tobacco’s past marketing practices, defendants prey on youth for financial gain,” according to the lawsuit, filed Monday in federal court in Chicago. Philip Morris is a unit of Altria Group Inc., which is also named as a defendant and which recently bought a 35 percent stake in Juul for $12.8 billion.

Juul didn’t immediatel­y respond to an email seeking comment on the lawsuit.

One of Silicon Valley’s most valuable privately held companies, Juul is facing increased pressure over its sleek vape pen’s popularity with underage users. It has tried to crack down on teen use, including improving its online age-verificati­on process, deleting social media posts glamorizin­g vaping and stopping the sale of some fruit- and dessertfla­vored products in retail stores.

Still, Juul’s pen remains popular with young people, and the company has been a central figure in an investigat­ion into youth e-cigarette use by a panel of the U.S. House Oversight and Reform Committee. Among the concession­s made by the tobacco industry in its own, massive settlement was not to market its product to children and teens.

The U.S. surgeon general has called vaping an “epidemic.” The Food and Drug Administra­tion has been investigat­ing the safety of e-cigarettes and Juul’s marketing practices.

And the Centers for Disease Control and Prevention said Saturday that it is looking into 94 possible cases of severe lung illness associated with vaping in 14 states between June 28 and Aug. 15.

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