Although the vaping company Juul has experienced significant fallout – both in terms of market value and public opinion – since information about their marketing tactics came out in 2019, vaping has yet to see a meaningful decline among teens, which rose a staggering 78% between 2018 and 2019 according to the American Cancer Society.

Juul has been identified as a catalyst for much of the current teen vaping habit, but teens have moved on from Juul pods to other products. According to Meredith Berkman, co-founder of the advocacy group Parents Against Vaping E-cigarettes (PAVE), “Juul is almost old school … It’s no longer the teen favorite.”

Continue Reading Disposables are Making Vaping Harder to Detect Among Teens

In the face of approximately 300 sexual abuse lawsuits from former Boy Scouts, the Boy Scouts of America has filed for bankruptcy protection under Chapter 11 of the Bankruptcy Code. The Boy Scouts of America is the nation’s largest scouting organization and one of the largest youth organizations. Because Chapter 11 allows an organization to continue operations, scouting programs are expected to proceed at this time.

Continue Reading Boy Scouts File for Bankruptcy Amidst Wave of Sexual Abuse Charges

Miley Cyrus. Bella Hadid. Sophie Turner. These are just a few celebrities who are known for their vaping habits. But these habits aren’t just a personal choice – they fit into a larger picture of vaping companies using celebrities and influencers to appeal to young consumers.

Although the Family Smoking Prevention and Tobacco Control Act of 2009 places strict regulations on how tobacco products can be marketed, the vaping industry has raised questions about marketing in the digital era.

Continue Reading JUUL’s Efforts to Recruit Influencers

Marketing to youth has long been part of the tobacco industry’s strategy to keep a steady influx of customers. However, since the Joe Camel lawsuit in 1997, tobacco companies have increasingly been under fire for targeting underage consumers. Most disavow these intentions, but from time to time, a company will draw attention to these kinds of tactics. Most recently, the vaping pioneer, JUUL, has been pinpointed.

Despite assertions that they had never marketed their products to children or teenagers, a recent New York Times article reports that JUUL purchased ad space on youth-centered websites like Nickelodeon, the Cartoon Network, Seventeen magazine, and educational sites for students as young as middle school.

Continue Reading JUUL Faces New Lawsuit Over Marketing Tactics

Amidst growing lawsuits and a call for a ban of vaping by the American Medical Association, journalists from the LA Times have reviewed over 3,000 internal records from leading vape company Juul and discovered that their proprietary formula was based on 40-year old nicotine research pioneered by R.J. Reynolds, the manufacturer of Camel cigarettes.

Scrutiny of the popular vaping brand has been increasing. Since 2018, Juul has been the subject of concerns from numerous research and regulatory bodies regarding their claims to offer a less addictive alternative to cigarettes. Most notable include a warning letter from the FDA stating that the company violated federal regulations because it hadn’t secured federal approval to promote and sell its products as a healthier option. According to the FDA letter, Juul’s claims include referring to its products as “99% safer than cigarettes, “much safer” than cigarettes, “totally safe,” and “a safer alternative than smoking cigarettes.”

Continue Reading Smoke and Mirrors: Juul Litigation Focuses on Misdirection, Misinformation

Siddharth Breja, former SVP of Finance at Juul, filed a multi-claim lawsuit against the company alleging that Juul sold contaminated liquid pods with total disregard for the “law, public safety, and public health.” Breja claims Juul sold 1 million of the mint-flavored, contaminated pods, as well as pods that were expired or nearly expired. He also claims he was fired as a whistleblower for warning against the “illegal” activity. The claims include:

Continue Reading Former Exec Accuses JUUL of Knowingly Selling Contaminated Pods

Benson v. Coca Cola Co. is a workers’ compensation case decided in 1972 that is still good law today. This case stands for the proposition that if there is no demand upon the Employer to provide treatment, there is no liability for payment of same, unless the request by injured worker would have been futile.

In this case the injured worker, Mr. Benson, fell off of a tank tuck and injured his head, back, and neck. He went to the company clinic with significant complaints. The company doctor examines, took x-rays (negative), and prescribed heat, muscle relaxers, and pain meds.

The injured worker refused the treatment at the company clinic and failed to follow up the next day at the company clinic as prescribed.

Continue Reading Medical Treatment Issues in Workers’ Compensation Cases

To date, the CDC has reported over 1200 cases of rapid onset “Vape Lung” disease, including over 26 deaths. While the exact cause is not yet identified, all cases are linked vaping.

The outbreak inspired several states to institute restrictive bans on the sale of e-cigarettes, including a full ban by Massachusetts (recently overturned by the courts).

It is important to keep focused on those being injured by vape products during this interminable FDA paralysis period.

Continue Reading Putting a Face on Vape Lung Injuries and Deaths

Which State has jurisdiction (legal authority) to address a work related injury is a question that comes up often in our practice. This is particularly common because we live in an area of the country where workers frequently live in one state and work in another.

In a recent case Marconi v. United Airlines, the Appellate Division court in New Jersey addressed an issue where the injured worker, Mr. Marconi, lived in New Jersey and was injured while working for United Airlines in Philadelphia. He filed two workers’ compensation cases in New Jersey, and the employer disputed that New Jersey had jurisdiction over the claims. The facts showed that Mr. Marconi was hired by United Airlines in San Francisco, lived continuously in New Jersey throughout his employment, and was transferred to work in Philadelphia. During the time Mr. Marconi worked in Philadelphia, his supervisor worked out of the Newark Airport. Mr. Marconi would call United staff at the Newark Airport hub for technical advice, but he never worked in Newark himself. He had received training all over the world, including the Newark Airport hub.

Continue Reading Workers’ Compensation: Which State has Jurisdiction?

While the FDA continues to do nothing to protect consumers from the health risks associated with vaping, the States of America are exercising their independent powers to protect their residents. Their actions are in response to the CDC’s recent report of over 1200 cases of rapid-onset lung disease caused by vaping, including over 26 deaths. The youngest victim was a 17-year-old boy in New York.

Continue Reading Vape Lung Outbreak Inspires E-Cigarette Bans Across the Country