White House Calls for FDA to Ban Sales of all Flavored JUUL Pods and E-cigarettes

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After yet another death in the U.S. from a severe respiratory illness linked to vaping, the White House is pushing to ban all non-tobacco-flavored e-cigarettes from the market. U.S. health officials are urging people to avoid e-cigarettes while the Center for Disease Control and Prevention (CDC) investigates over 450 cases of lung illness and 6 deaths which are all linked to vaping.

Banning JUUL and Other E-cigarettes is a Bipartisan Proposal

This is a rare issue where politicians on both sides of the aisle seem to be in agreement on. “We are looking at vaping very strongly,” Trump said in the Oval Office. “It’s very dangerous. Children have died, people have died. … We’re going to have some very strong rules, regulations, and more important I think we’re going to have some very important information come out very shortly. And we’ll be reporting that over the next couple of weeks.”

Michigan Governor Gretchen Whitmer, D-Mich., directed the state’s health department to issue emergency rules which made Michigan the first state to ban sales of flavored e-cigarettes. San Francisco Mayor London Breed, D-Calif., signed an ordinance which banned the sales of all e-cigarettes in their city, which is also home to JUUL Labs, Inc. headquarters.  

The call to ban flavored e-cigarettes by President Trump comes the day after former New York City Mayor Michael Bloomberg, R-N.Y., introduced a $160 million campaign to end the use of e-cigarettes by teenagers and two days after the Federal Drug Administration (FDA) had some harsh words for JUUL Labs, Inc. CEO Kevin Burns.

JUUL Broke Federal Laws

The FDA’s first letter was a warning letter to JUUL stated that the company broke the law “by selling or distributing them as modified risk tobacco products without an FDA order in effect that permits such sale or distribution.”

FDA rules require a company to receive regulatory approval before marketing any tobacco product as less harmful than cigarettes. JUUL’s vaping devices have never been submitted to the FDA for review.

The second letter was a request for more information about the company’s marketing practices. Specifically, the FDA wants JUUL to produce any scientific evidence or data which backs the claim that e-cigarettes are less harmful than combustible cigarettes.

These letters were prompted by a two-day hearing JUUL had with The House Committee on Oversight and Reform’s Economic and Consumer Policy subcommittee on July 24-25.

“Regardless of where products like e-cigarettes fall on the continuum of tobacco product risk, the law is clear that, before marketing tobacco products for reduced risk, companies must demonstrate with scientific evidence that their specific product does in fact pose less risk or is less harmful,” Acting FDA Commissioner Ned Sharpless said in a statement.

“JUUL has ignored the law, and very concerningly, has made some of these statements in school to our nation’s youth,” Sharpless said.

Illegally Marketing to Minors

Lawmakers and federal health officials have cited JUUL and other e-cigarette manufacturers illegally marketing to minors for why these bans are starting to take effect. In 2018, a government survey showed that one in five high school students had reported vaping in the previous month.

“This is a health crisis that we’re confronting, and it would never be permitted if it was cigarettes. We’re letting these companies target our kids, appeal to our kids and deceive our children,” said Michigan Governor Whitmer.

“We can’t allow people to get sick and we can’t have our youth be so affected,” President Donald Trump said during an Oval Office meeting with HHS Secretary Alex Azar and acting FDA Commissioner Ned Sharpless. “People are dying from vaping, so we’re looking at it very closely.”

San Francisco Mayor London Breed has also cited illegal marketing to minors as a motive to supporting a city-wide ban. “There is so much we don’t know about the health impacts of these products, but we do know that e-cigarette companies are targeting our kids in their advertising and getting them hooked on addictive nicotine products.”

What You Can Do

JUUL Labs, Inc. – which is 35% owned by Altria, one of the world’s largest tobacco companies and the makers of Marlboro cigarettes – has been heavily implicated lately. The attorneys at Douglas & London have experience fighting against Big Tobacco including securing a $20 million verdict on behalf of our client. This was the first ever verdict against the Tobacco industry in New York. 

How the Attorneys of Douglas & London Can Help

If you or a loved one is now addicted to nicotine due to purchasing JUUL when you were a minor, you may be entitled for compensation. One JUUL pod has the same amount of nicotine as an entire pack of cigarettes! This product, which was illegally marketed to minors and is designed to be highly addictive, leads to recognizable diagnosable injuries and immediate life-threatening situations such as:

  • Seizures
  • Strokes
  • Heart Problems
  • Lung Problems
  • Mental Health/Behavioral Problems

Cities, states, U.S. House committees, the FDA, the FTC, the CDC, and the President of the United States are all now taking action. It’s time for you to take action too. Call the attorneys of Douglas & London today for a free consultation at (212) 566-7500 or contact us on our website and a legal expert will get back to you as soon as possible. There is no upfront cost and you don’t pay unless we win.

What You Need to Know About JUUL