JUUL offers new e-cigarette, claims to be able to control its use by minors

The JUUL2 vaping device is being touted as safe for minors. This strategy is intended to get the green light from the Food and Drug Administration (FDA) for the marketing of this new product and thus make people forget the manufacturer's many financial and legal setbacks.

A combination of legal proceedings

The FDA withdrew JUUL Labs' authorization to market its old products in the United States in June 2022, before the ban was suspended by the FDA itself a few days later.

At the same time, in recent years, JUUL Labs has accumulated more than 5,000 complaints, filed in the United States by approximately 10,000 individuals and institutions, in particular for its business practices illegal or fraudulent, targeting adolescents and children through very aggressive marketing and products with high nicotine doses. For example, in April 2023 JUUL Labs was fined $462 million (€420 million) in a lawsuit filed by six states and the District of Columbia for targeting high school students through its promotional activities. The total settlements negotiated across all legal transactions are estimated to be more than US$2 billion (€1.8 billion).[1].

An application that should prevent minors from using the device

To overcome these many challenges, JUUL Labs is releasing a new version of its closed-system electronic cigarette.[2], called JUUL2, which offers better battery life, larger e-liquid capacities and a wider range of tobacco or menthol flavors. One of the special features of JUUL2 would be to have an effective system for verifying the user's age.

To activate the nicotine cartridge of this device, a Bluetooth connection to a web or mobile application is required. The application must be filled in with personal information (first and last name, address, email address, telephone number, age), as well as by transmitting a copy of an identity document and a selfie. After verification by an independent certification body, the application then allows the device to be unlocked or not.

Along with other practical information on how to use the device, the app delivers messages encouraging people to switch from combustible cigarettes to e-cigarettes. Finally, a chip housed in the device can detect “counterfeit” cartridges from other manufacturers, knowing that JUUL2 has already been on sale in the UK since 2021 and that many operators have flooded the market with illegal cartridges containing fruity flavours.[3].

JUUL Labs' economic credibility at stake

Following the departure of its shareholder Altria (formerly Philip Morris Int.) in 2022 due to fears of legal risks, JUUL Labs came close to bankruptcy and its share price fell sharply. To meet its financial deadlines, JUUL recently requested a $1 billion fundraising from Jefferies Financial Group, although the two companies have not yet revealed whether they have reached an agreement.[4].

However, JUUL Labs' sincerity regarding the prevention of JUUL2 use by minors can be questioned. Previously, JUUL Labs had designed an electronic system to prevent minors from purchasing its e-cigarettes at points of sale; however, this system had a significant margin of error (estimated at 14 % by the manufacturer)[5], but above all could be deactivated by the merchant during the sale.

"This is not a company known for telling the truth", commented Robin Koval, executive director of the Truth Initiative organization, about JUUL2[6]JUUL Labs' efforts to regain legitimacy are directly opposed to its business interest in selling nicotine to minors; the responsibility to protect minors cannot be placed on the tobacco and nicotine industry.

Keywords: JUUL2, FDA, Altria, electronic cigarettes, sale to minors.

©Tobacco Free Generation

M.F.

[1] Bieber C, Juul Lawsuit Update August 2023, Forbes Advisor, published May 22, 2023, accessed August 4, 2023.

[2] For e-cigarettes, closed systems refer to devices that use sealed e-liquid containers, such as cartridges ("pods") or disposable e-cigarettes ("puffs"). So-called open systems refer to e-cigarettes that can be refilled using a bottle of e-liquid.

[3] Sophia D, Mishra S, Juul seeks US authorization for new e-cigarette, Reuters, published July 19, 2023, accessed August 4, 2023.

[4] Juul Labs looks for USD 1 billion funding, Tobacco Journal International, published August 3, 2023, accessed August 4, 2023.

[5] Chen T, Prakash S, Zion A, Joselow J, Shiffman S, Kasmer PD. Improving Retailer Compliance for Tobacco Purchases: Pilot Study Findings. Am J Health Behav. 2021 May 1;45(3):576-587. doi: 10.5993/AJHB.45.3.11.

[6] King M, Juul seeks authorization on a new vape it says can verify a user's age. Here's how it works, CBS News/CW69, published July 31, 2023, accessed August 4, 2023.