The Denver Post

39 states plan to look into Juul’s marketing

- By Dave Collins and Matthew Perrone

A coalition of 39 states will look into the marketing and sales of vaping products by Juul Labs, including whether the company targeted youths and made misleading claims about nicotine content in its devices, officials announced Tuesday.

Attorneys general from Connecticu­t, Florida, Nevada, Oregon and Texas said they will lead the multistate investigat­ion into San Francisco-based Juul, which also is facing lawsuits by teenagers and others who say they became addicted to the company’s vaping products.

The state officials said they also will investigat­e the company’s claims about the risk, safety and effectiven­ess of its vaping products as smoking cessation devices.

“I will not prejudge where this investigat­ion will lead,” Connecticu­t Attorney General William Tong said in a statement, “but we will follow every fact and are prepared to take strong action in conjunctio­n with states across the nation to protect public health.”

Juul released a statement saying it has halted television, print and digital advertisin­g and eliminated most flavors in response to concerns by government officials and others.

“We will continue to reset the vapor category in the U.S. and seek to earn the trust of society by working cooperativ­ely with attorneys general, regulators, public health officials, and other stakeholde­rs to combat underage use and transition adult smokers from combustibl­e cigarettes,” the statement said.

Florida Attorney General Ashley Moody said underage vaping has become an epidemic across the country. “I cannot sit on the sidelines while this public health epidemic grows, and our next generation becomes addicted to nicotine,” Moody said.

The scope of the investigat­ion by dozens of states leaves Juul with little choice but to change its marketing practices, said James Tierney, a former attorney general of Maine.

“When you see these kinds of numbers, it means they’re in a world of hurt,” said Tierney, a lecturer at Harvard Law School. “They can’t seriously litigate this.”

The brainchild of two Stanford University design students, Juul launched in 2015 and quickly rocketed to the top of the multibilli­on-dollar vaping market.

The company initially sold its high-nicotine pods in fruit and dessert flavors, including mango, mint and creme. The products have become a scourge in U.S. high schools, with one in four teenagers reportedly vaping in the past month, according to the latest federal figures. Juul is the most popular brand, preferred by 60% of high schoolers.

Juul’s meteoric rise has been followed by a hasty retreat in recent months amid a nationwide political backlash over vaping.

The FDA and a congressio­nal panel are investigat­ing whether the company’s early marketing efforts — which included online influencer­s and product giveaways — deliberate­ly targeted minors.

President Donald Trump last year signed a law raising the minimum age to purchase all tobacco and vaping products from 18 to 21 nationwide. Juul supported the measure.

A spokeswoma­n for Tong said officials could not provide a complete list of the 39 states, saying some states are barred from disclosing investigat­ions.

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