A Juul Lawsuit Lawyer – Settlements & Recalls

Legally Reviewed and Edited by: Terry Cochran

The numbers of Americans using cigarettes has been declining constantly over the last two decades. In fact, CDC figures show that in 2015, 15.1% of adults in the US were smoking, down from 20.9% 1o years earlier.

However, a more worrying trend in recent years has been a rise in the numbers of people, particularly teenagers and young people, who have taken to vaping or e-cigarettes.

A survey from the University of Michigan’s Monitoring the Future (MTF) survey noted that between 2017 and 2019, 11% to 25% of 12th graders and 8% to 20% of 10th graders had tried vaping.

In the past year or so, there have been a number of health risks related to vaping thrust into the public glare thanks to widely reported deaths, seizures, and lung problems. At the forefront of many of the reports has been a product and company called Juul.

What is an E-Cigarette?

An e-cigarette is a device powered by battery which heats a liquid solution until it produces an aerosol which the user then inhales.

How Bad is the Problem?

As people have moved away from traditional cigarettes or given up completely, a new market has opened up selling electronic cigarettes and other cigarette devices. The problem with these new devices is they are mostly marketed, despite many companies’ denials, at younger adults and teenagers. Wide ranges of flavors, sleek futuristic-looking designs, and aggressive marketing on social media have all contributed to making vaping cool.

But in the last year, there has been increasing concern over the safety aspects of the products and the liquids smoked in them. Three issues in particular have stood out; exploding devices, lung damage, and seizures. There has been one fatality from an exploding e-cigarette as well as several injuries.

As of August, 2o19, there had been over 120 reports of vaping-related seizures reported to the FDA. And the lung damage, initially wrongly reported as a disease, is concerning the CDC.

Poor regulatory oversight can be blamed for some of the issues, with many of the vape pens and e-cigarettes being made – 95% as of 2018 – in China. But a lot of attention has also been focused on the liquids used in these devices.

What is Juul?

Juul, based out of San Francisco, has been at the center of much of the controversy. It’s sleek design, looking somewhat like a USB stick, is appealing and easily hidden in the palm of your hand.

It produces less smoke than a traditional e-cigarette and, like other brands, its liquids – sold as “pods” – come in a range of attractive flavors including cucumber, creme, mint, and mango.

Other companies sell pods compatible with the Juul device, and with flavors such as watermelon, strawberry milk, cappuccino, and strawberry lemonade, a selection that sounds like it would be more at home on the menu of a youth club cafe than a knowingly addictive product.

And therein lies the issue with Juul. It is not so much that nicotine is an addictive substance, it is more about how they have marketed their product and – according to many of the health agencies involved – knowingly downplayed the risk of addiction.

And nicotine addiction is a very real problem across the U.S. Tobacco kills almost half a million people every year, that’s more than illegal drugs, murders, suicides, auto accidents, AIDS, and alcohol combined. The health care cost is around $170 billion every year and estimates say that more than $150 billion is lost in productivity.

Why Allow a Juul Lawyer to File a Juul Lawsuit?

The primary accusations being leveled against Juul revolves around their marketing practices. As of December 15th, there are three attorney general-led lawsuits regarding marketing filed against Juul, from New York, California, and now Illinois. North Carolina is suing Juul for “unfair and deceptive practices”, and there are also class-action lawsuits from counties and school districts.

The issue people have with Juul is that their early advertising was obviously aimed primarily at young people. Despite Juul stating that the models used in those ads were all over the age of 21, a browse through some of those adverts would show that many of the models used looked far younger.

As a result of this deliberate targeting, many young people under the age of 21 are now either addicted to nicotine and Juul or have developed serious health problems.

Hiring a competent product liability attorney to file claims against Juul for the effects Juul products have had on users is the best way to move forward. Juul have been accused of negligence, for not highlighting the addictions which Juul users may develop and for false marketing in the way they have marketed their product towards youth and as an optimum method of stopping smoking.

If you or a member of your family have used Juul and have experienced any issues such as developing nicotine addiction, consider consulting an attorney at cochran, Kroll & Associates, P.C.

E-Cigarettes & Juul Popularity

It is worth highlighting that the e-cigarette market only represents around 5% of the total US retail tobacco sales. However, it is also worth noting that the traditional cigarette market continues to decline year on year.

But within that e-cigarette niche market, not only do sales continue to grow dramatically, but Juul holds a staggering 73.4% of the market. Given what was seen a huge potential, it is little wonder that Altria, the parent company of Marlboro and other brands, paid $12.8 billion for a 35% stake in Juul.

In the wake of the health controversies and a growing number of lawsuits, that deal has since taken a significant hit, with Altria announcing it was taking a $4.5 billion writedown on its investment.

How Much Nicotine is in a Juul / How Much Nicotine is in E-Cigarettes?

The average traditional cigarette contains between 10 to 12 mg of nicotine. E-cigarettes generally contain somewherein the range between 6 and 30 mg of nicotine per ml of liquid. However, Juul contains about 59 mg of nicotine per ml of liquid. It is worth remembering that traditional cigarettes usually have filters while Juul vape pens do not. This means that the nicotine you inhale from a Juul pod is completely unfiltered.

Study Shows JUUL Nicotine Concentrations Cytotoxic

The food and drug administration, or FDA, have had concerns regarding the health risks posed by e-cigarettes for a considerable time. Scientists at UC Riverside and Portland State University found that the nicotine levels in Juul pods were higher than in the hundreds of other e-cigarette products they tested.

The study confirmed that the Juul nicotine concentration was cytotoxic – toxic to any living cells – and that Juul was the only e-cigarette product tested where the concentration was high enough to be toxic in their standard testing.

Cigarette Dangers – Are E-Cigarettes Bad For You?

The problem with this question is that the jury is still out on some aspects of the e-cigarette topic. That nicotine is addictive and causes health issues, there is no doubt. And there are also some concerns that other chemicals added to the liquid may be carcinogenic. There is also the issue of the quality of the devices themselves though this is an area seeing rapid regulatory improvements.

But there are still unanswered questions as to who may be more susceptible to harm and how high a risk exists in ratio to how often the products are used, answers which may not be forthcoming until long-term longitudinal studies are completed. But in the short term, the FDA continues to actively tighten the regulations and pursue companies who market to young people.

But where there is uncertainty is whether there are any benefits as far as these products helping people to stop smoking is concerned. Nobody can be sure yet whether they are more – or less – effective than other cessation aids such as patches.

For now, the CDC takes the position of:
“E-cigarettes have the potential to benefit adult smokers who are not pregnant if used as a complete substitute for regular cigarettes and other smoked tobacco products.”

Vaping Pods – Juul Flavors & E-Cigarette Flavors

This is what many people point to as being evidence of these products being deliberately targeted toward young people. It almost seems unbelievable to know there are more than 7,000 e-cigarette flavors on the market today. And many of them seem designed to appeal to youth. These flavors include blueberry cheesecake, mango, cinnamon, sweet milk, lemon crumble cake, gummy bear, and cookies ‘n’ cream. A review of peer-reviewed studies of the perceptions and behaviors of e-cigarette users found that:

• Flavors in e-cigarettes can lower any perception that e-cigarettes may be harmful.
• A wide range of flavors can encourage young adults to try e-cigarettes.
• A range of flavors increases the product’s appeal among adults.

E-Cigarettes & Juul are Easily Concealable

One other aspect of Juul, and several other products that many commentators have pointed out is that they are small and easy to conceal. While Juul claims this is a simple design factor, the idea of it being easy to hide is something that could appeal to young smokers, many of whom will be doing so covertly.

Juul Dangers – Talking to Your Child About the Dangers of Juuling

The crucial thing to do before talking to your child about the dangers of Juul and other vaping products is to be informed. Simply saying “Don’t do it” will likely not be a successful tactic. Don’t just talk at your child, have a conversation with them, listen to what they have to say and think and be equipped with factual information rather than opinion.

Encourage healthier choices and lead by example. If you are a smoker, try and quit and let them see you actively pursuing that goal. If you are going to invoke disciplinary repercussions to them vaping, make sure you actually do enforce them. Seek out online resources which you can use in discussions with them.

Filing a Juul Lawsuit

If you believe that you or your child has developed an addiction to nicotine as a result of using Juul products, or you believe that any use of Juul has led to a serious health issue, then it may be time to consider a lawsuit.

Cigarette lawsuits have been fairly common over the years and it would appear that vaping-related claims are heading in the same direction. Identifying a law firm with extensive product liability litigation work is the next step after deciding to pursue a claim.

What Do We Know About the JUUL Vaping Lawsuits

2019 has not been a good year for Juul. With one wrongful death lawsuit being pursued, 3 lawsuits led by states’ attorney generals, and numerous other lawsuits by individuals, counties, and school districts, it does not appear that any respite will appear soon. One lawsuit, filed in October 2019, is from a former Juul executive who claims the company knowingly sold contaminated pods.

The congressional hearing of July 2019 which focused on Juul’s marketing strategy appears to have been the catalyst as far as civil cases are concerned. Prior to that hearing, there were a handful of civil cases. Now that number is in excess of 50.

JUUL Injuries & Side Effects

While there are still several ongoing studies underway to identify more health risks associated with Juul and other vaping products, many have already been confirmed. The US surgeon general has named 3 e-cigarette chemicals which can be potentially harmful:

• nicotine
• carbonyl compounds
• volatile organic compounds

And CDC data points to the number of poisonings due to e-liquid constantly increasing.

One condition frequently being linked to Juul is bronchiolitis obliterans – better known as popcorn lung – a condition that affects the smallest airways in your lungs and can make you constantly feel short of breath and prone to frequent coughing fits.

The chemical that causes this is called diacetyl; it is banned in Europe but is still extensively used in the US.

Compensation in a JUUL Addiction Lawsuit

As with other product liability lawsuits, there are certain things your attorney at Cochran, Kroll & Associates, P.C., will be looking for when it comes to any award made. Damages awarded may cover:

• Any medical expenses arising from diseases, conditions, or injuries as a result of using Juul.
• Any additional medical or counseling expenses arising from nicotine addiction as a result of Juul.
• Compensation for physical or psychological suffering endured as a result of injuries etc.
• Compensation for any loss of quality or enjoyment of life.
• Punitive damages where the court feels such an award is appropriate.

Lawsuit Claims Nicotine Caused Seizures

Amid the multiple lawsuits filed against Juul, one in Connecticut is blaming the Juul products for causing seizures. If you or your child has experienced similar seizures since starting to use any Juul product, this may be worth further investigation.

Vaping Blamed for Breathing Problems

With in excess of 200 cases of vaping-related breathing problems across more than 20 states, this is something the CDC and other agencies are taking very seriously. Many experts believe these issues may be linked to contaminants rather than an infectious agent.

Lawsuit Claims Man’s JUUL Use Caused a Massive Stroke

A lawsuit filed in California in July 2019 has blamed Juul for a 22 year-old-man suffering a massive hemorrhagic stroke which led to him spending more than 100 days in hospital and permanent impairment. If you have suffered any type of injury that you feel may be linked to your use of Juul products, speak to a product liability lawyer at our law firm.

How to File an E-Cigarette or JUUL Lawsuit

If you think you have grounds to pursue a Juul lawsuit, there are several steps you can take to aid your case. Collect any evidence you have of your Juul use. This can include sales receipts, pictures or videos of you using Juul, any related medical evidence, and a personal account and timeline of your Juul use and any effects.

Your next step is to contact a competent law firm with experience of litigating product liability cases. Your attorney may advise an individual action or they may cooperate with other attorneys to bring a class action suit.

Final Word

In many cases, and where it does not harm others, the use of some addictive substances can be a personal choice. But with Juul, the case against them is that they misled new users into thinking Juul was a healthier option than traditional cigarettes. And the fact that so much of their early marketing was blatantly aimed at impressionable young people showed a careless disregard for the health of those customers.

With hundreds of incidences of health problems, and with likely long-term effects such as lung disease still to come, the current raft of lawsuits against Juul may well be a benchmark for how the e-cigarette industry is regulated and litigated against.

If you became addicted to nicotine through using Juul products, or have suffered any injury or condition as a result of that use, then you need the best team of personal injury lawyers in your corner. And with team members like Eileen E Kroll, an experienced attorney who is also a qualified nurse, you have specialists who can interpret any medical records while identifying which laws apply to your case.

We offer a free consultation to all prospective Juul claimants and we will evaluate your case and advise you of all the options available to you. To book an appointment, call us toll-free at 1-866-MICH-LAW.

Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.