Vape company executives recently admitted to a U.S. House Committee that high nicotine levels make e-cigarettes highly addictive, raising memories of similar hearings involving Big Tobacco in the 1990s. The recent Congressional hearings are part of a federal investigation over the role that manufacturers of e-cigarette products have played in creating the current vape addiction among young people, particularly teenagers.

Should They Have Known?

It appears to be a case of deja vu. During tobacco litigation beginning in the mid-1950s, plaintiffs sought to prove, among other allegations, that cigarette companies had engaged in negligent advertising, failing to warn consumers of the health risks and potential for addiction. More than 800 individual lawsuits were filed over a 40-year period, but only two of them were initially successful, and both were later overturned on appeal.

This began to change in the late 1990s when tobacco industry documents came out proving that company executives and scientists had been aware of the addictive nature of their products. At the same time, more than 40 state attorneys general began filing their own lawsuits, charging that cigarettes had contributed to illnesses that resulted in massive costs for public health systems. Because these lawsuits were brought under state consumer protection and antitrust laws, tobacco companies were unable to claim (as they had previously) that smokers had knowingly chosen to accept the health risks of tobacco use.

As part of the Master Settlement Agreement reached in 1998, the “Big Four” (Philip Morris, R.J. Reynolds, Brown & Williamson, and Lorillard) agreed to stop marketing to children and to fund education programs to reduce the rate of tobacco use by young people.

Now, the leading e-cigarette companies – JUUL, Logic, NJOY, Fontem and Reynolds American Inc. – are facing similar allegations.

Nicotine Makes E-cigarettes Highly Addictive

Nicotine is a naturally-occurring biochemical substance produced in plants of the nightshade family, which includes tobacco. It is highly addictive, both physiologically and psychologically, and is among the most frequently abused drugs. On average, a single combustible cigarette delivers 2 milligrams of nicotine.

In comparison, a single vape pod delivers as much nicotine as an entire pack of cigarettes. There have been several reported cases of young people suffering seizures from nicotine overdose due to e-cigarette use.

Targeting Youth

JUUL, which has dominated the e-cigarette industry, faces over 300 lawsuits alleging it targeted underage youth in its advertising, including social media campaigns and sponsorship of youth-oriented events, such as concerts.

In September, the FDA sent JUUL a warning letter about its marketing practices. The agency also expressed concerns about presentations made directly to school children in which company representatives represented the product as “totally safe,” even going so far as to demonstrate how to operate the device.

Is Change Coming?

Prohibition against “kid-friendly” flavors that can also make e-cigarettes highly addictive went into effect on Feb. 6. This is a first step. For the past decade, e-cigarettes have been largely unregulated. Now, with the vape addiction crisis and cases of serious lung diseases attributed to e-cigarette use, public and political pressure is building to hold e-cigarette companies accountable.

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