A lawsuit against JUUL Labs, Inc. was filed in Santa Barbara County Superior Court last week alleging the company “failed to evaluate and warn about the dangers of its products, and falsely markets and falsely advertises its e-cigarette system as a safe alternative to traditional cigarettes.”
Plaintiff Broc Smith started using JUUL vaporizers and “e-liquid” pods in 2016, when he was in high school in Santa Barbara County, according to the complaint, which was filed Sept. 30.
It was appealing to him because the products were “sleek, futuristic and easy to conceal and smoke without drawing attention,” did not smell like tobacco, and he thought it was easier to dispose of the pods than traditional cigarette butts, according to the court file.
Smith had generally good health and did not smoke cigarettes before trying JUUL products, and by 2018, he was experiencing a shortness of breath that has continued despite his active lifestyle, the lawsuit claims.
“Plaintiff has also become more impulsive and has even started smoking cigarettes to alleviate his need for nicotine.”
The case asks for damages, and alleges negligence, strict liability, failure to warn, negligent and fraudulent representation, breach of implied and express warranty, deceit by concealment, and constructive fraud.
A January case management conference is scheduled in Judge Thomas Anderle’s courtroom.
Smith is represented by attorney Raymond Boucher of Woodland Hills, whose specialties include consumer litigation, product liability and class action cases, and the Louisiana-based personal injury firm Salim & Beasley.
There are multiple class action lawsuits filed against JUUL, and on the same day the Santa Barbara County case was filed, three injury and fraud lawsuits were filed in San Francisco County Superior Court on behalf of three teenagers who reportedly used the company’s products.
The company has been accused in several lawsuits of marketing its flavored products to minors.
Smith’s case alleges JUUL Labs, which is based in San Francisco, failed to remove its pods from the market and/or issue warnings when it knew or should have known they caused greater health risks than previously stated.
“JUUL markets and advertises its e-cigarettes and pods deliberately to attract minors and young adults, including those who have never been regular tobacco smokers,” the lawsuit alleges.
“The JUUL system delivers more potent doses of nicotine than traditional cigarettes. Under the guise of a safe alternative, JUUL thus exposes these non-regular-tobacco users to highly addictive products.”
The JUUL Labs website says its mission is to eliminate cigarettes, and its products are intended for adult smokers “who want to switch from combustible cigarettes.”
In an August statement, the company said, “Youth use of vapor products is detrimental to our mission, and to our business,” and that it has taken steps to “combat youth access, appeal, and use of vapor products.”
Youth Use of E-Cigarette Products in Santa Barbara County
Local secondary students self-report substance use as part of the regular California Healthy Kids Survey, including cigarettes and e-cigarettes.
Far more students reported using e-cigarettes than cigarettes, according to survey results from the 2017-18 year, the most recent available.
Sixteen percent of the 1,200 high school juniors surveyed in the Santa Barbara Unified School District reported using e-cigarettes at least once in the previous 30 days, versus 4 percent of them reporting using cigarettes in the same time period.
Results showed 10 percent of ninth-grade students (a pool of 1,300 students surveyed) reported recent e-cigarette use, and 4 percent of seventh-grade students reported using e-cigarettes.
Santa Maria Joint Union High School District’s numbers for that year showed 6 percent of 11th-grade students, 7 percent of ninth-grade students, and 4 percent of seventh-grade students using e-cigarettes within the past 30 days of the survey.
Carpinteria Unified School District had similar numbers, and both districts had low reported rates of cigarette use.
Lompoc and Santa Ynez Valley secondary districts have 2016-17 numbers available.
The Santa Ynez Valley Union High School District had 13 percent of 11th-grade students report using e-cigarettes, in addition to 7 percent of ninth-graders.
At Lompoc Unified School District, 6 percent of 11th- and ninth-grade students reported using e-cigarettes, higher than the 4 percent of seventh-graders.
Health Concerns Related to Vaping, E-Cigarette Use
Concerns over vaping-related health impacts led the California Department of Public Health to issue an advisory urging everyone to stop vaping, no matter what products they use, until investigations are finished.
Preliminary investigations have found a common history of vaping among the hundreds of patients across the country reporting sudden lung disease issues, although they do not all report using the same e-cigarette products or types of products, according to the state.
“Since June 2019, CDPH has received reports that 90 people in California who have a history of vaping were hospitalized for severe breathing problems and lung damage, and two people have died,” the department said in late September.
Most of the people with lung damage reported vaping using cannabis products THC and CBD in cartridges, waxes, oils or other forms, according to the state, while some reported only vaping nicotine products, and others said they used a combination of products.
There has been one confirmed case of vaping-related pulmonary illness in Santa Barbara County, in late July, said Jackie Ruiz, a spokeswoman for the county Public Health Department.
The patient, in their late teens, reported vaping nicotine and tetrahydrocannabinol (THC), she said.
“Multiple people who were diagnosed with lung damage from vaping say that they received the cannabis products from unlicensed smoke shops or individuals,” according to the California Department of Public Health.
“Vape products sold by unlicensed retailers are not tested and can contain harmful ingredients. We do not know yet if all of the people in the country with this illness use the same vape products, or if the products were contaminated with the same substance,” the advisory said.
The Centers for Disease Control and Prevention, the U.S. Food and Drug Administration, and state and local departments are investigating the multi-state outbreak of lung illness associated with e-cigarette use.
Some jurisdictions are considering or have approved bans on flavored e-cigarettes, and Los Angeles County recently voted to ban retail sales of flavored tobacco products, the Los Angeles Times reported.
— Noozhawk managing editor Giana Magnoli can be reached at gmagnoli@noozhawk.com. Follow Noozhawk on Twitter: @noozhawk, @NoozhawkNews and @NoozhawkBiz. Connect with Noozhawk on Facebook.