By Timothy S. Donahue
Top Takeaways:
- British Columbia filed its first lawsuit under the new Vaping Product Damages and Healthcare Costs Recovery Act.
- The province claims Juul promoted addictive products and used deceptive marketing targeting youth.
- The government indicated that more lawsuits against other vaping companies may be coming.
The government of British Columbia has filed a civil lawsuit against Juul Labs, accusing the company of developing addictive nicotine products and engaging in deceptive marketing practices that led to youth nicotine addiction.
Attorney General Niki Sharma announced Friday that the claim was filed in B.C. Supreme Court under the province’s newly enacted Vaping Product Damages and Healthcare Costs Recovery Act (VPRA). The legislation, passed earlier this month, allows the province to seek damages from vaping manufacturers for alleged healthcare costs and public health impacts linked to vaping products.
The Juul lawsuit is the first civil claim filed under the new law. Sharma mentioned that more actions might be taken later.
“It will not be the last,” she said in a written statement, adding that other manufacturers and wholesalers are also being considered for possible litigation.
The province claims Juul Labs was an early and key player in the vaping industry and used marketing practices that targeted young people. The claim states that Juul put profits ahead of public health by promoting products that were highly addictive and appealing to youth, including through the use of nicotine salts and flavor profiles.
“The Province is taking action to hold Juul accountable for its role in fuelling an epidemic of youth addiction,” Sharma said.
None of the allegations have been proven in court.
Juul Labs denied the claims, stating it is dedicated to helping adult smokers switch from combustible cigarettes while preventing underage use.
“Juul Labs is on a mission to transition the world’s billion adults who smoke away from combustible cigarettes, eliminate their use, and combat underage use of our products,” a company spokesperson said in an emailed statement to the Canadian Broadcasting Corporation.
Juul Labs also highlighted recent regulatory changes in the United States, noting that earlier this year the U.S. Food and Drug Administration approved the marketing of five Juul e-cigarette products after what the agency described as an extensive scientific review. The FDA determined that the products meet legal standards, including evidence that they may help adults who smoke cigarettes to switch entirely to a potentially less harmful alternative.
The San Francisco-based company stated it has complied with or exceeded all Canadian regulatory requirements since launching in Canada in 2018, including restrictions on marketing and labeling under the federal Tobacco and Vaping Products Act. Juul Labs said it provides a smoke-free alternative for adult smokers while working to prevent youth access.
British Columbia health authorities emphasize that vaping remains a concern for public health, especially among young people. The B.C. Centre for Disease Control stated that e-cigarettes are not harmless and may contain chemicals and metals that harm lung health. While vaping might be less harmful than smoking for adults who already smoke, the agency warned it can still cause nicotine addiction, particularly among youth.
Premier David Eby said British Columbia is the first province in Canada to pass legislation that allows governments to hold vaping companies financially accountable.
“Companies should pay for the harms that they’ve caused by addicting a generation of young people,” Eby said, calling youth vaping a significant issue in schools and for parents.
Eby drew parallels to past litigation against tobacco companies, noting that British Columbia was also the first province to sue the tobacco industry. A nationwide tobacco settlement reached last year totals $32.5 billion, with British Columbia expected to receive about $3.6 billion over 18 years. The province received its first payment of nearly $1 billion earlier this year.
British Columbia is also leading nationwide class actions against consultancy firm McKinsey & Company, alleging it advised opioid manufacturers and helped develop marketing strategies that contributed to opioid over-prescription.
