The Mercury (Pottstown, PA)

Juul warned over claims its e-cigarette safer than smoking

- By Matthew Perrone

WASHINGTON » Federal health authoritie­s on Monday blasted vaping giant Juul for illegally pitching its electronic cigarettes as a safer alternativ­e to smoking and ordered the company to stop making unproven claims for its products.

The Food and Drug Administra­tion also upped its scrutiny of a number of key aspects of Juul’s business, telling the company to turn over documents on its marketing, educationa­l programs and nicotine formula.

The FDA action increases the legal pressure on the nation’s best-selling vaping company, which has been besieged by scrutiny from state and federal officials since a recent surge in underage vaping. Federal law bans sales to those under 18. The FDA has been investigat­ing Juul for months but had not previously taken action against the company.

A Juul spokesman said the company is reviewing the FDA comments and “will fully cooperate.”

In a sternly worded warning letter, the FDA flagged various claims made by Juul representa­tives, including that its products are “much safer than cigarettes.” Currently no vaping product has been federally reviewed to be less harmful than traditiona­l tobacco products, and that won’t happen for a while.

In the past year, Juul has tried to position its e-cigarettes as a tool to help adult smokers stop smoking, using the tagline “Make the Switch.” In a separate letter to the company, the FDA said it is “concerned” that its campaign suggests “that using Juul products poses less risk or is less harmful than cigarettes.

“JUUL has ignored the law, and very concerning­ly, has made some of these statements in school to our nation’s youth,” said FDA acting commission­er Ned Sharpless, in a statement.

The agency’s warning letter highlights an incident recounted by two New York high school students during a congressio­nal hearing in

July. The students said a representa­tive of Juul was invited to address the school as part of an assembly on mental health and addiction issues. During the presentati­on, the students said the representa­tive told them the company’s product was “totally safe.” The representa­tive

also showed students a Juul device and claimed the FDA “was about to come out and it was 99 percent safer than cigarettes.”

Juul says it discontinu­ed its school programs — which were intended to discourage underage use — last September.

FDA warning letters are not legally binding, but regulators can take companies to court if they don’t comply with the government’s requests.

E-cigarettes have been on the U.S. market for more than a decade, but the FDA didn’t gain the authority to regulate them until 2016. Ecigarette makers have until next May to submit their products to the FDA for health reviews.

Most experts, though, agree the aerosol from ecigarette­s is less harmful than cigarette smoke since it doesn’t contain most of the cancer-causing byproducts of burning tobacco. But there is virtually no research on the long-term effects of vaping. E-cigarettes generally heat liquid containing nicotine.

In a letter to Juul CEO Kevin Burns, FDA regulators said they were “troubled” by a number of other points raised at the congressio­nal hearing. The letter cites congressio­nal testimony that Juul’s advertisin­g “saturated social media channels frequented by underage teens,” and “used influencer­s and discount coupons to attract new customers.”

Last year, Juul closed down its social media sites. And under pressure, it voluntaril­y removed its fruit and dessert flavors from retail stores.

 ?? SETH WENIG, FILE - THE ASSOCIATED PRESS ?? In this 2018 file photo, Juul products are displayed at a smoke shop in New York. Federal health authoritie­s say vaping giant Juul Labs illegally promoted its electronic cigarettes as a safer option to smoking, including in a presentati­on to school children. The Food and Drug Administra­tion issued a stern warning letter to the company Monday, flagging various claims by Juul, including that its products are “much safer than cigarettes.” The FDA has been investigat­ing Juul for months but had not previously warned the company.
SETH WENIG, FILE - THE ASSOCIATED PRESS In this 2018 file photo, Juul products are displayed at a smoke shop in New York. Federal health authoritie­s say vaping giant Juul Labs illegally promoted its electronic cigarettes as a safer option to smoking, including in a presentati­on to school children. The Food and Drug Administra­tion issued a stern warning letter to the company Monday, flagging various claims by Juul, including that its products are “much safer than cigarettes.” The FDA has been investigat­ing Juul for months but had not previously warned the company.

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