Products Liability Law Reporter

Concerned about a youth vaping epidemic, the Commonwealth of Pennsylvania commenced a civil investigation of JUUL Labs, Inc. (JUUL), regarding potential violations of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law, 73 P. Stat. §201-1 et seq. The commonwealth subsequently filed a complaint against JUUL for targeting Pennsylvania youth and deceiving consumers about the safety of e-cigarettes.

The parties settled for $38.8 million. As part of the settlement, JUUL may not target JUUL sales to youth in the state; sponsor events in the state except at adult-only facilities; and use billboards within 1,000 feet of public playgrounds or any state elementary, middle, or high school. Additionally, the settlement mandates that JUUL maintain a retailer compliance program and limit online sales of its products.

Settlement proceeds will be paid to the state’s department of health to fund programs aimed at reducing the harms alleged in the lawsuit, including the promotion of smoke-free environments and tobacco-free lifestyles.

Citation: Commonwealth of Pa. v. JUUL Labs, Inc., No. 200200962 (Pa. Ct. Com. Pl. Phila. Cnty. Dec. 8, 2022).

Government counsel: Josh Shapiro, Joseph Swartz, Michelle Henry, James Donahue III, and Edmund Berger, all of Harrisburg, Pa.