Arizona Attorney General Files Lawsuits Against JUUL, Eonsmoke

ARIZONA — Arizona Attorney General Mark Brnovich announced Tuesday his filing of two separate lawsuits in Maricopa County Superior Court against vaping sellers JUUL Labs for “deceptive” advertising practices and against Eonsmoke for “selling its illegal products in Arizona,” Brnovich’s office reported.

JUUL Labs Accused Of ‘Misleading,’ Helping Create Youth Vaping ‘Epidemic’

In a statement Tuesday, Brnovich described vaping as an “epidemic,” particularly when it comes to the flavored vaping products vendor JUUL Labs has been marketing to Arizona youth. “JUUL updated Big Tobacco’s playbook and helped create the perfect storm for a new youth epidemic. JUUL enticed interested minors through advertising, lured kids in with flavored vaping products and then hooked a new generation of youth to addictive nicotine. Vaping companies that engage in irresponsible and misleading marketing efforts must be held accountable for exposing Arizona youth to nicotine and the addiction that follows,” Brnovich wrote in a statement.

This claim stems from the company's social media campaigns, fruit flavors and free giveaways, Brnovich's office said. The suit also accuses JUUL of failing to stop underage distribution and purchase and “misleading” buyers about how much nicotine is in JUUL’s products.

The release also said the lawsuit’s goal is for “injunctive relief against JUUL, disgorgement of profits and penalties of up to $10,000 each for willful violation of the Arizona Consumer Fraud Act."

Eonsmoke Lawsuit Accuses Company Of 'Illegal' Selling Against FDA Determination

The second, separate lawsuit Brnovich filed Tuesday was against Eonsmoke, which sells flavored vaping products to Arizona youth “illegally,” Brnovich’s office reported. The lawsuit states:

"The federal government informed Eonsmoke that its vaping products were illegal, first in 2018 and more recently on October 24, 2019. In response, Eonsmoke took no action. Its products currently are littered throughout Arizona and openly advertised and sold in retail stores in most Arizona counties, rural and urban — months after the United States Food and Drug Administration ("FDA") has declared them to be illegal."

Undercover investigations held by Brnovich’s office revealed that Eonsmoke’s products are still available and being purchased in 9 of 15 counties in the state, comprising about 96 percent of Arizona’s population. Eonsmoke products are also still being sold online, the attorney general’s office reported. Brnovich also accuses the company of advertising to youth “illegally” using flavors that appeal to kids such as kiwi strawberry, mango, grape, green apple and others. Other FDA-prohibited Eonsmoke flavors are sour gummy, gummy bear, cotton candy, donut cream and others, his office reported.

The lawsuit against Eonsmoke was filed alongside a preliminary injunction to immediately stop "illegal" vaping product sales. Disgorgement of profits, a permanent injunction and “penalties of up to $10,000 for each willful violation of the Arizona Consumer Fraud Act” are also part of the suit, Brnovich's office reported.

Statistics Behind The Youth Vaping ‘Epidemic’

The recent 2019 National Youth Tobacco Survey indicates increasing and widespread youth vaping trends:

• The number of youth using e-cigarettes in 2018 was 3.6 million. In 2019, that number grew to more than 5 million.
• 1.5 million middle school students are using tobacco including e-cigarettes, which is almost twice the number of middle school students using tobacco products in 2018. The 4.7 million count of high schoolers using tobacco in 2019 is also higher than 2018 and represents about 1 in 3 students.
• In 2019, 27.5 percent of high school students vaped, while 5.8 percent of high school students used cigarettes.
• In 2019, 10.5 percent of middle school students used e-cigarettes while 2.3 percent of middle school students smoked cigarettes.
• 2019 is the second consecutive year showing an uptake in youth tobacco use.
• JUUL is the e-cigarette brand youth use most.

The Tobacco Enforcement Unit (TEU) of the Arizona Attorney General’s Office undertook undercover inspections to find out if smoke shops and other retailers were allowing minors to purchase tobacco products. Last year, about 3,000 TEU inspections throughout Arizona resulted in 775 citations issued to persons and businesses. The failed inspection rate was 9.8 percent in fiscal year 2018, with the fail rate increasing to 14 percent across Arizona in 2019. “TEU attributes the [failed inspection rate] increase to youth access and demand for e-cigarettes,” Brnovich’s office reported.