Top Class Actions  |  April 30, 2020

Category: E-Cigarette

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teenager smoking e-cigarette on campus steps

Juul pods banned, announced schools across the country, but e-cigarette use among young people is increasingly common. Despite the potential health risks, the Food and Drug Administration (FDA) reports that more than 2 million teens were using e-cigarettes in 2017. According to the American Cancer Society, that number rose by more than a quarter amongst high school students and more than 10 percent amongst middle schoolers by 2019.

The use of Juul e-cigarettes by children is a “deeply concerning epidemic”, according to Health and Human Services Secretary Alex Azar. The FDA reports that more than a quarter of all high school students were current vape users as of Aug. 2019.

E-cigarette manufacturers like Juul have been sued and fined over marketing aimed specifically at children, and, according to the New York Times, Juul paid $134,000 to set up a summer camp for kids, and schools across the country were offered $10,000 from companies like Juul for the right to talk directly with students about their products.

Potential Juul Side Effects

The use of e-cigarette devices by minors comes with serious health risks. The nicotine contained in these products can be incredibly addictive and studies haven’t been able to definitively show they are safe to use. Potential Juul side effects may be less serious than those associated with traditional cigarettes, but they can still be damaging, according to Healthline.

Schools and parent groups have worked to see Juul pods banned for years, and recent injuries associated with vaping have made their efforts more successful. Healthline reports a growing number of e-cigarette or vaping product use associated lung injuries (EVALI). While most of these injuries were specifically caused by vaping tetrahydrocannabinol (THC), the main psychoactive component of marijuana, studies haven’t ruled out nicotine use as a factor. Vape users may be at risk of nicotine poisoning, and also experience throat and mouth irritation, coughing, nausea, trouble breathing, chest pain, vomiting, diarrhea, fatigue, fever, or weight loss, according to the American Cancer Society.

The American Cancer Society states that, while the long-term effects of vaping aren’t known, some chemicals contained in the aerosol or vapor created by e-cigarettes are known carcinogens.

FDA Bans E-Cigarettes Fruity Flavors

Efforts to get Juul pods banned has resulted in new federal restrictions on flavored vapes.

Early this year, the U.S. House of Representatives passed a Juul ban prohibiting the sale of menthol cigarettes and flavored vaping and tobacco products, according to reporting by The Hill. However, it is unlikely that the bill will pass in the Republican-controlled Senate because it is meant to amend a limited ban placed on e-cigarettes by the Trump Administration last year.

Teens are reportedly suffering vaping seizures brought on after using JUUL ecigarettes.As of Sept. 11, 2019, the Trump Administration announced they would be banning non-tobacco flavored e-cigarettes, according to a statement released by the FDA. The administration argued that fruity flavors serve as an “on-ramp to… addiction for a generation of youth.” The ban includes exemptions for menthol-flavored products as well as tank vaping systems, according to the Wall Street Journal (WSJ).

Fruity and sweet flavors accounted for 80% of retail e-cigarettes sales in 2019, according to estimates reported by the WSJ.

Even before this announcement, the FDA issued nearly 9,000 warning letters and 1,000 fines to retailers who were selling electronic nicotine delivery systems (ENDS) to minors.

Robert McMillen, Ph.D., associate director of the Tobacco Control Unit at Mississippi State University, told Healthline that, while banning non-tobacco flavors is a good first step to ending youth e-cigarette use, it won’t be enough.

“The research on cigarette smoking is clear,” said McMillen. “Fewer teens start smoking if they live in a place where cigarettes cost more and/or there are smoke-free laws.”

What Products Are Excluded From the Ban?

As stated above, under the current ban, menthol and tobacco-flavored e-cigarettes are not prohibited. Lawmakers feel that it is specifically the sweet and fruity flavors that attract young people, and there have been concerns over the profits of the retailers of these products, according to the WSJ.

Fruity flavors were the most commonly used among young people according to the National Youth Tobacco Survey, but mint and menthol were still popular, especially with high schoolers.

Juul Youth Prevention Campaigns

According to the FDA, 80 percent of youth “do not see great risk of harm from regular use of e-cigarettes”. Juul advertising to youth helped with this belief, as it made vaping seem cool. The FDA is fighting back.

In an effort to “protect young people from the dangers of tobacco use”, the FDA is expanding the scope of its “The Real Cost” youth tobacco prevention campaign. This Juul use prevention campaign is aimed at children between the age of 12 and 17 who have themselves used e-cigarettes. The campaign includes a website and social media channels meant to educate young people on flavors of Juul pods banned under the new regulations and the dangers associated with this increasingly common product.

Join a Free JUUL Use in Schools Class Action Lawsuit Investigation

If you are a school administrator who has seen the negative impact of e-cigarettes on campus and you would like to hold e-cigarette manufacturers accountable for their marketing of their products to youth, submit your information now for a free case evaluation.

If you qualify, an experienced e-cigarette attorney who has worked with other school districts will contact you to discuss your options.

Get a Free Case Evaluation

This article is not legal advice. It is presented 
for informational purposes only.

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