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JUUL Lawsuit

Has Your Child been using Vapes or E-Cigarettes?

JUUL and other e-cigarettes have been marketed towards children and young adults.

JUUL Pods contain a high level of nicotine which increases the risk of long-term nicotine addiction in children and young adults.

Does Your Child Vape or "JUUL"?

If your child uses a JUUL or any other e-cigarette device, we encourage you to complete the free case evaluation form. You may be eligible for substantial compensation.

The Dangers of your children vaping

Nicotine use has been linked with a number of health and developmental problems in humans, particularly in teens and young adults. This is why parents and teachers around the country are now concerned about the growing popularity of the JUUL e-cigarette.

A small, discreet USB-shaped vaping device, the product has taken over the market share for e-cigarettes and has become “the” e-cigarette option about teens, who brag about “JUULing” even when they’re in class. Meanwhile, though JUUL Labs states that their mission is to improve the lives of smokers, they continue to create nicotine solutions and flavors that are attractive to children.

What is the JUUL E-Cigarette?

The JUUL e-cigarette is a vaping product created by JUUL Labs, which is a spinoff of Pax Labs, a leading vaping company. It is shaped like a USB drive, and uses a heating element (battery run) to activate a solution that produces a nicotine-laced aerosol that the user inhales.

The JUUL e-cigarette came on the market in 2015, and since then, has become the most popular e-cigarette out there. According to Nielsen data, in December 2017, JUUL controlled nearly a third of the market, and had generated a revenue growth of $224.6 million that year.

NBC News announced in December 2017 that because of its amazing growth, JUUL was breaking off from Pax to become its own independent company, focusing solely on customers seeking a cigarette alternative.

JUUL states on their website that their mission is to “improve the lives of the world’s one billion adult smokers.” They add that they believe “vaping can have a positive impact when used by smokers.”

E-Cigarettes Are Not as Safe as Advertised

E-cigarettes, when they first came on the market in 2007, were advertised as the “safer” alternative to regular cigarettes, and as potential tools to help smokers quit. They aren’t made with tobacco, and they don’t involve a flame, so they don’t create the tar and other dangerous toxins and carcinogens that are produced by typical cigarettes.

Instead, they are battery-operated devices that allow a new way to deliver nicotine to the user. Nicotine remains an addictive substance with its own set of potential health hazards, but rather than deliver it through tobacco, the e-cigarette delivers it in a solution that is heated and creates a nicotine-laden vapor the user then inhales.

Scientists agree that e-cigarettes lack the toxins that are present in regular cigarettes, but as to whether that means they’re safer remains to be seen. In fact, several studies have shown the opposite—that these products may be just as potentially dangerous or even more dangerous than regular cigarettes.

Concerned About Your Child Vaping?

If your child uses or has used a JUUL or any other e-cigarette device, we encourage you to complete the free case evaluation form. You may be eligible for substantial compensation.

Research Shows Dangerous Toxins Are Inhaled During Vaping

In a 2015 study, for instance, researchers found that the nicotine solutions used in e-cigarettes usually include nicotine along with propylene glycol, glycerol, and flavoring chemicals. During the vaping process, these chemicals were found to interact in such a way as to produce formaldehyde-releasing agents. Formaldehyde is a known carcinogen.

According to CBS News, formaldehyde levels in e-cigarettes were found at levels up to 15 times higher than in regular cigarettes, particularly when the devices were operated at high voltages.

“People shouldn’t assume these e-cigarettes are completely safe,” said study author James Pankow, a professor of chemistry and civil and environmental engineering at Portland State University in Oregon.

In another 2015 study, researchers found the toxic chemical diacetyl in 39 of the 51 flavors of e-cigarettes tested. Diacetyl was previously linked to bronchiolitis obliterans or “popcorn lung” in microwave popcorn plant workers.

Don't Forget, JUUL's / E-Cigarettes Contain Nicotine Too...

According to a 2015 study, adolescence is critical time for brain development, when executive function, working memory, emotional regulation, and more “reorganize” to become more mature.

Nicotine use can have unique consequences on this development, negatively affecting cognitive function to the point that the person becomes more likely to abuse other substances in the future.

An earlier study showed similar results, with researchers noting that in adolescence, the brain has not completed its maturation, and that nicotine exposure creates molecular changes that result in lasting effects on cognitive function. Other studies have indicated that inhaling toxins irritates the lungs, and can cause coughing and wheezing, even in teens.

In yet another 2015 study, researchers stated that “nicotine poses several health hazards,” including increased risk of cardiovascular, respiratory, reproductive, and gastrointestinal disorders, along with a reduced immune response. They added that nicotine also affects cell proliferation, oxidative stress, and DNA mutation “by various mechanisms which leads to cancer.”

A 2016 Surgeon General's report stated that e-cigarette use among U.S. youth and young adults “is now a major public health concern,” and concluded that youth use of nicotine in any form, including e-cigarettes, is unsafe, can cause addition and harm the developing adolescent brain.

Children Should Not Be Exposed To These Toxins

If your child uses or has used a JUUL or any other e-cigarette device, we encourage you to complete the free case evaluation form. You may be eligible for substantial compensation.

JUUL E-Cigarettes Popular with Children and Young Adults

Over the past few years, e-cigarettes have become more appealing to young people. JUUL is particularly attractive because of its USB-shaped design as well as tasty-sounding nicotine-solution flavorings like “Fruit Medley” and “Crème Brulee.”

The devices are difficult to detect by parents and teachers, as they don’t emit the odors that regular cigarettes do. And because manufacturers advertise the products as being “safer” than cigarettes, kids are more emboldened when considering trying them.

All these factors working together have created a crisis in American schools and homes, as adults try to find new ways to stop the rising popularity of e-cigarettes among youth. According to a report by the Centers for Disease Control and Prevention (CDC), in 2016, among current tobacco product users, more than two million middle and high school students were current users of e-cigarettes, with their use rising from 1.5 percent in 2011 to 16 percent in 2015 among high school students.

In a more recent 2017 report in Pediatrics, researchers noted that devices like the JUUL e-cigarette could be introducing a whole new generation of teens to nicotine addiction, and leading some to move on to real cigarettes—the exact opposite result that manufacturers advertise. Those who used e-cigarettes were 7 times more likely to smoke regular cigarettes in the future.

JUUL, being the market leader, has become particularly popular among teens. The Post Gazette reported in December 2017 that the vaporizer gained in popularity that year, with high school and college students “rushing to retailers to buy the product because its discrete design makes it easy to hide from parents and teachers while also giving the user a big hit of nicotine.”

Indeed, JUUL contains a higher concentration of nicotine—typically twice as much as comparable devices, which makes it even more dangerous for young users, considering the health effects listed above. The Post Gazette notes that this may be the reason behind the brand’s rise to market leader, as many users cite the “nicotine high” they get as being the reason for their use.

JUUL is also popular because it’s so discreet. According to an NPR report, teenagers love it because they can vape even while they’re in class without being detected. Those who use the devices say they’re “JUULing” rather than vaping, creating a sense of group belonging.

Meanwhile, teens are still obtaining these devices even when they’re underage. In April 2018, the FDA issued warning letters to 40 retailers for selling e-cigarettes, particularly JUUL products, to minors. The retailers included 7-Eleven, Circle K, Shell, and The Vape Shop.

Help protect children from dangerous e-cigarettes

If your child uses or has used a JUUL or any other e-cigarette device, we encourage you to complete the free case evaluation form. You may be eligible for substantial compensation.

Public Health Groups Sue FDA for Delayed E-Cigarette Regulations

On August 8, 2016, the Food and Drug Administration (FDA) determined electronic nicotine device systems (e-cigarettes, cigars, and pipe tobacco products) were subject to regulatory controls under the Tobacco Control Act. This gave them the authority to regulate e-cigarettes along with regular cigarettes and tobacco products.

Prior to that, it was illegal to sell cigarettes and smokeless tobacco products to minors, but e-cigarette manufactures weren’t subject to the same law. Regular cigarettes had to be approved by the FDA, but e-cigarettes did not.

The update in August 2016 changed all that, so it is now illegal to sell e-cigarettes and cigars to anyone under 18, with retailers required to check photo ID on anyone under the age of 27. Just as importantly, manufacturers of e-cigarettes and cigars must now gain FDA-approval to continue to market their products.

This step opened the door for the FDA to review new tobacco products, improve their review processes to prevent misleading claims, make sure all warnings are adequate, and to overall, help consumers make more informed choices. Manufacturers preparing to sell new e-cigarettes must now submit applications for those products to the FDA, and must include information on what exactly is in the products, and how these products impact the health of users.

Because of the 2016 rule, even those who released products on the market as far back as February 2007 were required to submit an application for FDA review no later than August 2018, to allow the FDA to examine the products for safety.

Obviously, this presented a big change to manufacturers, who prior to this ruling, were free to market their products as they pleased, without FDA oversight. The public hailed this move as a positive one for overall health. Things changed, however, when in July 2017, the FDA announced it would give manufacturers more time to submit their new product applications, extending the previous deadline from August 2018 to 2022.

March 2018

In March 2018, seven major public health groups filed a lawsuit against the Food and Drug Administration (FDA) for allowing that delay. Groups including the American Academy of Pediatrics, the American Heart Association, and the American Lung Association want the deadlines moved up, because according to these groups, extending the deadlines allows these products to remain on the market as they are, which continues to put public health at risk, particularly for young people.

The delay was put into place to give the FDA time to improve the pre-market approval procedure, a change that could result in improved product safety in the future. It will also give the FDA time to further investigate the potential risks of e-cigarettes. The plaintiffs say the delay is unlawful, that the FDA is abdicating their responsibilities, and that the decision is “not the product of reasoned decision-making.”

E-Cigarettes at Risk for Dangerous Explosions

Along with the other dangers associated with e-cigarettes, users also need to be aware of a potential for the e-cigarette to explode. Most are powered by lithium-ion batteries, which have a history of exploding in other devices, including cell phones and hoverboards.

The U.S. Federal Emergency Management Agency (FEMA) reported in 2014 that between 2009 and 2014, there were 25 separate incidents of explosions and fires involving e-cigarettes. Those explosions allegedly caused nine injuries, two of them including serious burns.

ECigOne.com stated that as of January 2017, at least 214 e-cigarette explosions were reported in the media and in forums. Fifty-seven of those occurred while the consumer was using the product, 79 while the product was charging, and 44 when the product was being transported or stored. In 137 of these incidences, consumers allegedly suffered personal injuries or death.

One of the reasons these explosions can be particularly dangerous is the small, slim and pen-like shape of the e-cigarette. This can make them more likely to behave like “flaming rockets,” according to FEMA, when a battery fails. Unfortunately, many consumers remain unaware of these risks, as manufacturers aren’t doing enough to provide adequate warnings and instructions with their products.

Injuries Associated w/ JUUL's & Other E-Cigarettes

Explosion Related Injuries

Other potential health risks

If your child vapes or uses e-cigarettes... Contact us

We encourage you to complete the free case evaluation form. You may be eligible for substantial compensation.

Free case evaluation

At Chaffin Luhana LLP, our compassionate, knowledgeable legal team will work closely with you to determine the best strategy for achieving your specific goals and needs. Our firm’s mission is Doing Good by Doing Right. Every Day. In Everything We Do.

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At Chaffin Luhana LLP, we strongly believe that product manufacturers, pharmaceutical companies, and health care providers have a moral and legal duty to look out for the best interests of their customers and patients. When these parties are negligent and hurt our clients, we work to hold them accountable in court for their actions!

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