The State of Alaska has filed a lawsuit against JUUL Labs, Inc. and Altria Group, Inc., accusing the companies of fueling the rise in youth vaping. The legal action, initiated by former Acting Attorney General Ed Sniffen on November 24, 2020, alleges that JUUL’s marketing tactics, particularly targeting high school students, have significantly contributed to the growing use of e-cigarettes among young people in Alaska.

 

JUUL’s Digital Marketing Tactics and Their Impact on Youth

The lawsuit asserts that JUUL used marketing tactics that mirrored those of traditional tobacco companies, but with a modern twist. Instead of relying solely on traditional advertising, JUUL turned to digital platforms, including social media, to promote its products.

One of the key allegations is that JUUL engaged paid influencers and utilized social media campaigns aimed at a younger demographic, including teenagers, to normalize vaping and make it appear appealing. These efforts, according to Alaska’s lawsuit, contributed to the soaring number of high school students using e-cigarettes.

A significant part of the state’s complaint involves Altria, which is accused of conspiring with JUUL to create and sustain a growing market for e-cigarettes among minors. Alaska claims that Altria, the parent company of Philip Morris USA, colluded with JUUL to obscure the company’s marketing efforts targeted at youth, reflecting tactics reminiscent of Big Tobacco’s historical attempts to downplay the risks of smoking to younger audiences.

The Rising Trend of Youth Vaping in Alaska

The lawsuit points to alarming statistics from the 2019 Alaska Youth Risk Behavior Survey as evidence of the growing vaping epidemic among young Alaskans. The survey revealed that nearly 46% of high school students had experimented with e-cigarettes, and 26.1% reported being current users.

This is a sharp increase from 2017, when only 15.7% of students reported using e-cigarettes. The state claims that this dramatic rise in usage is directly tied to the marketing strategies employed by JUUL and Altria, which targeted adolescents and made vaping appear to be a trendy and safe alternative to smoking.

Legal Grounds for the Lawsuit

The State of Alaska has outlined several legal violations in its complaint against JUUL and Altria:

1. Public Nuisance: The companies are accused of creating a public nuisance under Alaska law by contributing to the increase in youth vaping, which poses a serious threat to public health.
2. Unfair Trade Practices: The lawsuit alleges that JUUL and Altria violated Alaska’s Unfair Trade Practices and Consumer Protection Act by marketing e-cigarettes to children and teenagers, which is illegal in the state.
3. Negligence: Alaska asserts that JUUL was negligent in the design, marketing, and sale of its vaping products, which the state claims were intentionally marketed to minors despite the known risks.
4. Conspiracy: The lawsuit further alleges that JUUL and Altria conspired to maintain and expand the e-cigarette market among youth, undermining efforts to curb adolescent vaping.

As a result, the state seeks financial compensation from the companies, which would be used to fund public health initiatives aimed at combatting the youth vaping crisis in Alaska. The state describes the situation as a “public nuisance,” underscoring the urgent need for legal action to prevent further harm to its young population.

A Long Road to Trial

The State of Alaska’s legal action against JUUL Labs and Altria Group underscores the growing concern over the influence of e-cigarette companies on youth behavior and public health. While Alaska is not the only state taking action against JUUL, it has become one of the few to push the lawsuit to a jury trial, even as several other states have reached settlements with the company.

In 2021, JUUL reached a $40 million settlement with North Carolina, marking the first state resolution of a lawsuit. In April 2023, JUUL agreed to a $462 million settlement in a multi-state lawsuit involving several other states, including California, Colorado, Illinois, and New York.

Despite the trend of settlements in other states, the Alaska lawsuit remains ongoing, and it is uncertain why the state has chosen to move forward with a jury trial. Oral arguments in the case began in August 2021, and the jury trial is expected to continue through December 6, 2024, according to court documents.

Legal Teams and Strategy

The Alaska Department of Law has enlisted the help of several prominent law firms in prosecuting the case, including Keller Rohrback LLP, Miner, Barnhill & Galland, P.C., and the Anchorage branch of Dorsey & Whitney LLP. These firms are working together to build the case against JUUL and Altria, seeking to hold them accountable for their role in the youth vaping epidemic.

Both the Alaska Department of Law and JUUL’s media relations team have declined to comment on the ongoing trial when approached for remarks, keeping details of their legal strategies under wraps.

What This Means for the Future of Vaping Lawsuits

Alaska’s lawsuit is not just about seeking damages; it’s also about holding corporations accountable for their role in public health crises. The outcome of this case could set an important precedent for other states and could impact how vaping products are marketed to young people across the United States.

As the case unfolds, it remains to be seen how the Alaska courts will rule. If the state succeeds, it could result in significant legal and financial consequences for JUUL and Altria, as well as increased regulation of the e-cigarette industry. On the other hand, a settlement or verdict in favor of the defendants could mark a major shift in how these companies are allowed to operate in the future.

In the meantime, advocates for public health are closely monitoring the trial, hoping that the state’s legal efforts will lead to stricter regulations and a reduction in youth vaping nationwide.