The District Court in The Hague has ruled that the Dutch government had the right to impose a ban on flavored e-cigarettes to protect public health. The court made this decision in a substantive procedure initiated by tobacco product manufacturer British American Tobacco (BAT) and its affiliated company Nicoventures, who argued that the ban was unlawful.

The court stated that the harmfulness of e-cigarettes and the “attractiveness” of sweet flavors to young people are sufficiently established. The 2020 ban allows only certain types of tobacco flavors to be added to e-cigarettes, primarily because young people are sensitive to other flavors, particularly sweet ones. The government also saw indications that sweet-flavored e-cigarettes may eventually lead to smoking regular cigarettes, while the government aims for a “smoke-free generation” by 2040.

According to the court, the potential for e-cigarettes to encourage smoking regular cigarettes does not need to be scientifically proven for a ban to be implemented. The harmfulness of e-cigarettes and the attractiveness of sweet flavors to young people alone justify the flavor ban.

The court acknowledged that the flavor ban infringes on the free movement of goods within the EU but stated that such an infringement may be allowed to protect public health if it is “appropriate, necessary, and proportionate.” The court recognized that the state has the “political discretion to give greater weight to the interests of youth and of a future smoke-free generation in the context of public health.”

Alaska has filed a lawsuit against e-cigarette giant JUUL Labs, Inc. and tobacco company Altria Group, Inc., accusing the companies of fueling the state’s youth vaping epidemic. The legal action, initiated by former Acting Attorney General Ed Sniffen on November 24, 2020, alleges that JUUL’s marketing tactics deliberately targeted high school students, contributing significantly to the growing use of e-cigarettes among young Alaskans.

Allegations of Deceptive Marketing Practices

The lawsuit asserts that JUUL employed marketing strategies reminiscent of traditional tobacco companies but adapted for the digital age. The state accuses JUUL of using youth-oriented social media campaigns and paid influencers to normalize vaping and make it appear appealing to teenagers.

Alaska further alleges that Altria conspired with JUUL to maintain and expand the youth e-cigarette market created by JUUL, working to obscure the company’s youth-targeted marketing efforts. The state claims that this collusion mirrors Big Tobacco’s historical attempts to downplay the risks of smoking to younger audiences.

• Read more: How Juul Leveraged Celebs and Influencers for Youth Vaping Marketing

The lawsuit cites data from the 2019 Alaska Youth Risk Behavior Survey, which revealed that 45.8% of Alaska high school students had tried e-cigarettes, with 26.1% reporting current use. This marks a significant increase from 2017, when only 15.7% of students reported using e-cigarettes. Alaska’s complaint directly attributes this dramatic rise to the marketing strategies employed by JUUL and Altria targeting teenagers and youth.

Legal Violations and Damages Sought

The state’s complaint outlines several legal violations, including:

1. Creating a public nuisance under Alaska law
2. Violating Alaska’s Unfair Trade Practices and Consumer Protection Act by marketing e-cigarettes to youth
3. Negligently developing, marketing, and selling JUUL vaping products
4. Conspiring to maintain and grow a market based on sales to youth

Alaska seeks damages to fund public health initiatives addressing the youth vaping crisis, which the state describes as a “public nuisance.” The lawsuit aims to hold JUUL and Altria accountable for their alleged role in the epidemic and to prevent further harm to Alaska’s young population.

While many states have reached settlements with JUUL, including a $462 million multi-state settlement in April 2023, Alaska’s lawsuit remains ongoing. Oral arguments began in August 2021, and the jury trial is expected to continue through December 6, 2024.

• Read more: FDA Rescinds Juul Vaping Marketing Ban Pending Review

The Alaska Department of Law has retained the law firms of Keller Rohrback LLP, Miner, Barnhill & Galland, P.C., and the Anchorage office of Dorsey & Whitney LLP to assist in prosecuting the case. Both the Alaska Department of Law and JUUL’s media relations team have declined to comment on the ongoing trial.

Potential Implications for the Vaping Industry

The outcome of Alaska’s lawsuit against JUUL and Altria could set a significant precedent for other states and impact the regulation of e-cigarette marketing to young people nationwide. A victory for Alaska could result in substantial legal and financial consequences for the defendants and lead to stricter oversight of the vaping industry. Public health advocates are closely monitoring the trial, hoping that the state’s efforts will help curb the youth vaping epidemic.

Health Secretary Wes Streeting will announce a new smoking ban outside playgrounds, schools, and hospitals today as part of the government’s efforts to create the first smoke-free generation. However, pub-goers will still be allowed to smoke in beer gardens, marking a victory for pub owners who have campaigned against the clampdown since plans were first revealed earlier this year.

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President Dr. Mohamed Muizzu ratified the 19th Amendment to the Export-Import Act of the Maldives on Thursday, introducing significant changes to the import duties on tobacco and electronic devices. The amendment comes after the People’s Majlis recently approved a bill to increase cigarette prices starting from Friday.

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