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British Columbia has filed a civil claim against e-cigarette giant Juul Labs, alleging the company developed highly addictive nicotine products and fuelled youth nicotine addiction with “deceptive marketing practices.”
Attorney General Niki Sharma announced Friday that the claim was filed in B.C. Supreme Court under the new Vaping Product Damages and Health Care Costs Recovery Act (VPRA).
The legislation, modelled after similar laws used by government to sue tobacco and opioid companies, was passed earlier this month. It allows the government to seek damages from vaping companies for alleged public health harms.
The lawsuit marks the first civil claim launched under the new law.
“It will not be the last,” Sharma said in a written statement.
Other manufacturers and wholesalers are also under consideration for possible litigation, she added.
“B.C. has never shied away from standing up to powerful corporations when their actions put profits ahead of people’s health,” she said.
The province alleges Juul was an early and significant contributor in the vaping market and engaged in deceptive marketing practices aimed at young people. Sharma accuses the company of prioritizing profits over health by promoting products that were highly addictive and appealing to youth, including through the use of nicotine salts and flavours.
“The Province is taking action to hold Juul accountable for its role in fuelling an epidemic of youth addiction,” Sharma said.
None of the claims have been proven in court.
Juul denies allegations
Juul Labs denied the province’s allegations and said it is focused on helping adult smokers transition away from combustible cigarettes.
“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.
The company said that earlier this year, the U.S. Food and Drug Administration authorized the sale of its products in the United States.
In June, the FDA authorized the marketing of five of the company’s e-cigarette products after an “extensive scientific review.” The agency says the products met legal standards, including providing benefits to adults who currently smoke cigarettes and switch to “a potentially less harmful product.”
The San Francisco-based company says it has complied with or “exceeded” all Canadian regulatory requirements since launching in Canada in 2018, including restrictions on marketing and labelling under the Tobacco and Vaping Products Act.
It claims to provide a “smokefree” alternative to the 3.5 million Canadian adults who still smoke, while also preventing those under age from using the product.
Vaping use not harmless: BCCDC
The B.C. Centre for Disease Control (BCCDC) says vaping continues to raise serious public health concerns, particularly for young people.
“Vaping or using e-cigarettes is not harmless,” the BCCDC’s population and health promotion team said in a statement Friday, adding that e-cigarettes can also contain harmful chemicals and metals that can damage people’s lungs.
“While it may be a less harmful alternative to smoking cigarettes for adults who already smoke, vaping can still lead to nicotine addiction.”
A new study is looking at nicotine vaping and its long-term effects on our lungs. It’s underway at six academic hospital centres across the country. Laura Struik is one of the researchers involved in B.C.’s Okanagan and tells us about the study.
The centre says rising e-cigarette use among youth and young adults is especially concerning because they are more susceptible to the harmful effects of nicotine on brain development.
“Young people who vape are more likely to transition to smoking cigarettes.”
Premier David Eby says B.C. is the first in Canada to introduce a law that holds vape companies accountable.
“Companies should pay for the harms that they’ve caused by addicting a generation of young people,” he said. “It’s a big issue in our schools, big issue for parents.”
Eby says B.C. was the first province to sue the tobacco companies as well.
“It’s a pattern…all the provinces eventually signed on.”
A recent settlement of $32.5 billion by tobacco companies for Canada will give B.C. $3.6 billion over the next 18 years. Earlier this year, B.C. received the first payment of nearly $1 billion from that tobacco settlement.
The province is also leading national class actions against consultancy firm McKinsey & Company, alleging the company advised opioid manufacturers and helped design advertising campaigns that led to the over-prescription of opioids.
