A RICO lawsuit has been filed on behalf of a 19-year old suffering from serious vaping health conditions, claiming the defendants’ marketing targets young people.

Philip Morris USA and Juul Labs stand accused of illegally marketing their products to underage consumers while providing misleading information about the health risks associated with the practice of vaping.

Case Background

Plaintiff Christian Foss says he began using vape at the age of 16, leading to a serious addiction to nicotine. He further states that he has developed asthma symptoms as a result.

Foss says he was unaware of the true nicotine content of a typical vape pod (several time that of an actual cigarette) and that companies who manufacture vape products have been marketing to minors, using techniques similar to those employed by the tobacco industry during the 20^th Century while downplaying vaping health risks.

The lawsuit has been brought under the Racketeering Influenced and Corrupt Organizations Act (RICO), which was the basis of Justice Department legal actions against the tobacco industry during the 1990s.

The Defendants Respond

Juul Labs has claimed that it discourages youth from using their products. The company has attempted to establish an online age verification process while deleting social media ads that seem to present vaping as “attractive” and “glamorous.” Juul has also pulled some of their fruit and candy-flavored pods off of the market. Other vape liquid providers have not followed suit yet.

A spokesperson for co-defendant Phillip Morris, which owns 35 percent of Juul Labs, places the responsibility for regulating e-cigarette products on government regulators. Company Chief Operations Officer Jacek Olczak, speaking to Bloomberg News this week, said the products “have to be regulated…there is a big role for the institutions, for the governments, the regulators to step in and establish the framework in which these products can be manufactured, how they should be scientifically assessed…obviously, we avoid all unintended consequences – in this case, the access of these products by underage people.”

Olczak blames the government for failing to take steps to prevent underage use.

Were They Forthcoming About Vaping Health Risks?

An investigation by a U.S. House Panel into Juul’s Youth Prevention and Education efforts found that the company has paid out hundreds of thousands of dollars on youth programs and surveys. Internal company emails describe how these programs are “eerily similar” to tobacco industry campaigns of the last century.

A Juul spokesperson insisted that they have “never marketed to kids” and declares that their “educational efforts were intended to keep youth from using the product.” However, witnesses tell a different story. One of them told of a Juul representative who offered health officials from First Nations groups discounted “starter kits” in addition to $600,000 if they agreed to refer adult smokers. Another witness, aged 17, testified that Juul representatives came to his school and told students that their product was “totally safe.”

Some states have now banned sales of e-cigarettes in an effort to fight youth use.

Meanwhile, Vaping Health Risks Become More Apparent

In recent weeks, nearly 200 young people have come to emergency rooms, suffering from “mystery” lung ailments allegedly attributable to vaping. Vaping has also claimed its first victim; on August 24th, the Illinois Department of Public Health announced that a victim died from what appears to be vape-related lung disease.