Just one day, after New York Attorney General Letitia James’s announcement yesterday of a lawsuit against Juul Labs, Inc., the top seller of vaping products in the U.S., the state Department of Health (DOH) has confirmed the death of a Manhattan man in his 30’s with a reported history of using e-cigarettes and vape products.
This is the second New Yorker to die due to a vaping-related illness; in October, a 17-year-old male from the Bronx died, making him the youngest vaping-related fatality in the United States.
“Our message on vaping remains unchanged,” said Gov. Andrew Cuomo, following the DOH announcement. “If you don’t know what you’re smoking, don’t smoke it.”
Cuomo likens the vaping industry to “Big tobacco”, and calls on the federal government to ban flavored e-cigarettes, saying, “These flavors are used to target our teens and young adults – and put the interests of the vaping industry over the lives of Americans.”
James’s lawsuit against JUUL, the top seller of vaping products in the U.S., alleges deceptive and misleading marketing of its e-cigarettes, which has contributed to the ongoing youth vaping epidemic in New York State.
The lawsuit, filed in New York County Supreme Court, points to a number of alleged violations. JUUL participated in deceptive acts and practices and false advertising; substantial and unreasonable interference with the public health; and repeated and persistent fraud and illegality, based on violations of the New York Public Health Law prohibiting underage sales of tobacco products to minors.
Additionally, JUUL used unfair business practices that substantially injure consumers, and violated the law prohibiting interstate commerce of any modified risk tobacco product without an order from the Secretary of Health & Human Services, according to the suit.
The case alleges that JUUL used Big Tobacco’s tactics by engaging in deceptive business practices when marketing and advertising its products. Their ads include bright, colorful images of attractive, young models to entice underage youth. When JUUL launched in 2015, New York consumers were introduced to the company through targeted launch parties held in New York City and the Hamptons.
JUUL used this plan to illegally sell its products to minors through its website and in third-party retail stores throughout the state, causing large numbers of New York youth to become addicted to nicotine, the suit alleges.
The suit also alleges that JUUL’s advertising campaign intentionally misled consumers by failing to warn that they contained nicotine, and by misrepresenting its products as a safer alternative to traditional cigarettes.
“There can be no doubt that JUUL’s aggressive advertising has significantly contributed to the public health crisis that has left youth in New York and across the country addicted to its products,” said James. “By glamorizing vaping, while at the same time downplaying the nicotine found in vaping products, JUUL is putting countless New Yorkers at risk. I am prepared to use every legal tool in our arsenal to protect the health and safety of our youth.”
The results of a recent National Youth Tobacco Survey show that approximately 4.1 million high school students and 1.2 million middle school students across the country currently use e-cigarettes. In New York, a third of high schoolers smoke e-cigarettes.
As of November 13, 2019, New York State law was changed, making it illegal to sell nicotine products, including e-cigarettes, to consumers who are under 21-year-old. Previously, the law applied to consumers younger than age 18. Despite this, JUUL violated the law by selling its products to New Yorkers under the age of 18.
JUUL also allegedly created a prominent social media presence to attract young audiences. A 2018 study found that approximately 45 percent of the individuals who were following the official @JUULvapor Twitter account in April 2018 were between the ages of 13 and 17, while only 20 percent of followers were 21 or over.
The DOH estimates that 1 million residents use e-cigarette products on a regular basis – 220,000 of those users are under 18-years-old. To date, there have been 43 deaths and 2,173 cases of severe vaping-related illnesses nationwide, including 146 New Yorkers who have suffered vaping-related illnesses.
