The U.S. Food and Drug Administration has expressed concern over possibly deceptive marketing of JUUL pods and e-cigarette products to underage youth.

In a letter written in the wake of a Congressional hearing, the agency’s Center for Tobacco Products notes the “epidemic rate of increase” in the number of young people using JUUL products, and states that, despite the company’s apparent attempts to stem the tide of underage use, JUUL’s electronic nicotine delivery system (ENDS) is still the most commonly used e-cigarette product among teens – and that JUUL labs bears the responsibility.

Too Little, Too Late?

JUUL has said previously that it supports “reasonable regulation of nicotine products” and has no intention to “attract youth.” At the end of August 2019, the company announced that it would be implementing “a series of new measures” aimed at reducing “youth access, appeal, and use” of JUUL  products.

Last November, in response to the alarming increase in youth vaping, JUUL began removing non-tobacco and certain flavored JUUL pods from retailer shelves.

Government officials fear these efforts are akin to shutting the proverbial barn door after the horse has bolted. Whatever they are doing today to stop teens from vaping its products, the damage appears to have been done.

JUUL now stands accused of marketing e-cigarettes as a “safe” alternative to traditional, combustible cigarettes without FDA authorization. Since JUUL did not get FDA approval for its “modified risk claims” as required by law, their actions constitute the sale and marketing of “adulterated” products.

Claims that JUUL Pods are “Harmless”

A CBS News reported in July that JUUL deliberately targeted underage users when it sent a company representative to a public high school and told a classroom of freshmen repeatedly that JUUL products were “totally safe.” One former 9th grader who was at that presentation said he believed that afterward, “kids were more inclined to vape…they thought it was just a flavor device that didn’t have any harmful substances in it.”

Making JUULing “Cool”?

The FDA letter also notes JUUL’s “product design and marketing campaigns” featured glamorous images of attractive young people using the product and employed the use of social media “influencers” and discount coupons in order to draw new customers.

Of particular concern is JUUL’s “Make the Switch” campaign, which again implies that vaping is a “safe” alternative to combustible cigarettes. Another bone of contention is JUUL’s use of nicotine salts, which increases the amount of nicotine in JUUL pods and delivering the substance in greater amounts, potentially making them even more addictive.

Holding JUUL Accountable

The issue of youth vaping has taken on a new urgency, as over 450 cases of severe respiratory illnesses or injuries attributable to e-cigarette use have been reported across the nation in recent weeks, including three fatalities. JUUL has until Oct. 8 to answer the FDA’s allegations. Failure to comply could mean fines and even seizure of company assets.

Join a Free JUUL E-Cigarette Class Action Lawsuit Investigation

If you or your child suffered seizures after vaping with a JUUL e-cigarette, you may benefit from participating in a free JUUL class action lawsuit investigation.

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