JUUL E-Cigarette Class Action Lawsuit Alleges Serious Health Risks

By Anne Bucher | June 29, 2020

Category: Consumer Products

JUUL e-cigarettes are addictive and contain harmful chemicals that have been linked to cancer, according to a class action lawsuit filed in Montreal Superior Court.

The JUUL e-cigarette is a battery-powered smoking device used for “vaping.” The e-cigarette contains a cartridge that is filled with a liquid containing nicotine, propylene glycol, glycerine, benzoic acid and flavourings. Users then inhale the vapour created by the electronic cigarette, bringing the vapour into their lungs.

Plaintiff Sandro Salvatore alleges defendants JUUL Labs Canada Inc., JUUL Labs Inc. and Altria Group Inc. used similar marketing tactics to those used by the tobacco industry to glamorize vaping and downplay its addictiveness and health risks.

“In 2015, the Defendants set out to recapture the magic of the most successful product ever made — the cigarette,” the JUUL health risks class action lawsuit alleges.

Sandro points out that youth smoking had dropped to its lowest levels in decades due in part to regulations and court orders that prohibited cigarette manufacturers from targeting young people with their marketing.

“While the public health community celebrated this decline as a victory, the Defendants saw an opportunity,” the JUUL health risks class action lawsuit says. “Seizing on regulatory inaction and loopholes for e-cigarettes, the Defendants set out to develop and market a highly addictive product that could be marketed and sold to young people.”

Sandro notes that youth are highly sought after for cigarette marketing because they are reportedly more likely to become addicted to nicotine and become lifelong purchasers.

Sandro says JUUL was “designed perfectly” for teens. The vape does not resemble a cigarette; instead, it looks like a USB drive that can be carried discreetly. Users can purchase the vape cartridges, or JUUL pods, in a variety of appealing flavors like mango or mint. The device heats up the liquid-filled cartridge, which releases the flavored vapour.

When the user inhales the vapour, the nicotine, aerosol and other toxic chemicals enter the lungs, body and brain. When the user exhales, there is no telltale odor as there would be when smoking a nicotine cigarette.

According to the JUUL health risks class action lawsuit, a Google search of “JUUL in school” brings up more than 188,000 videos on how to vape without being detected.

Sandro says JUUL vapes were designed to get youth quickly and severely addicted to nicotine, which is a highly-addictive chemical.

“By studying cigarette industry archives, the Defendants learned how to manipulate the nicotine in their product to maximize addictiveness, particularly among new users and young people, and thereby increase sales,” the JUUL health risks class action lawsuit alleges.

JUUL vapes were designed to be easily inhaled without any irritation or other unpleasant sensation that would deter users from vaping. JUUL is also designed to deliver a significantly higher concentration of nicotine to the user than traditional cigarettes or other vaping devices.

Because the human brain continues developing until people are in their mid-20s, nicotine poses a particular danger to youth, the JUUL health risks class action lawsuit says. In addition to causing nicotine addiction, it can reportedly induce seizures and permanently alter the structure of the brain. As a result, people may experience permanent mood changes and other cognitive disorders.

Sandro points to studies showing e-cigarettes increase the risk of coronary artery disease, heart attack, stroke, and other health issues. The U.S. Surgeon General has concluded that e-cigs are not safe for anyone under the age of 26, according to the JUUL e-cigarette health risks class action lawsuit.

Despite these known health risks, Sandro says the JUUL defendants continued marketing their products to youth without disclosing the serious health risks associated with vaping. They reportedly marketed JUUL with free samples, launch parties, and viral marketing campaigns aimed at making JUUL seem cool.

Sandro says he purchased JUUL e-cigarettes when he was 17 years old because of JUUL’s representations that its e-cigs were safe, appealing and a healthier alternative to smoking tobacco cigarettes. He says he has been unable to stop using JUUL e-cigarettes despite attempting to do so. He says he would not have purchased JUUL e-cigarettes if he had been provided accurate information about the health risks.

In September 2019, Health Canada issued a public notice regarding reports of pulmonary illness and death that was linked to vaping.

Class Members of the proposed JUUL health risks lawsuit include anyone in Québec who purchased or used JUUL e-cigarettes in Canada since July 1, 2018.

Another JUUL class action lawsuit alleging deceptive marketing is currently pending in the Ontario Superior Court of Justice.

Sandro is represented by Anthony Leoni of Rice Harbut Elliott LLP and Michael Simkin of Simkin Legal.

The JUUL E-Cigarette Health Risks Class Action Lawsuit is Sandro Salvatore v. JUUL Labs Canada Inc., et al., Case No. 500-06-001077-201, in Montreal Superior Court, Canada.