After outbreak of vaping illnesses, Texas joins 38 other states in Juul investigation
This story has been updated to include mention of a Thursday letter from 27 attorney generals to the FDA.
Texas has joined 38 other states in a bipartisan investigation into Juul Labs, one of the most popular e-cigarette manufacturers, following a nationwide outbreak of vaping-related lung illnesses last year.
Attorney General Ken Paxton said in a news release Tuesday that the multistate investigation will scrutinize the company’s marketing and sales practices and whether Juul Labs misrepresented health risks and promoted its products to underage users.
“I am pleased to be working alongside other states to determine whether any of JUUL’s statements or business practices mislead or otherwise harmed consumers,” Paxton said. “Protecting Texans from deceptive business practices is a high priority for my office, and I am committed to holding companies accountable for the quality, effects, and marketing of their products.”
Texas was also joined by Florida, Nevada and Oregon in expanding upon Connecticut’s initial investigation launched last July into Juul’s health claims, according to a news release Monday from the Connecticut Attorney General’s Office.
According to news reports Tuesday, Missouri, Wisconsin, Montana, New Hampshire, and South Carolina are among the 39 states joining the investigation. The Texas AG’s Office did not immediately respond to a request for comment Tuesday on which states are participating.
“I will not prejudge where this investigation will lead, but we will follow every fact and are prepared to take strong action in conjunction with states across the nation to protect public health,” Connecticut Attorney General William Tong said in a statement Monday.
Austin Finan, a spokesman for Juul Labs, said in a statement Tuesday that the company seeks to earn the public’s trust by cooperating with officials and regulators.
“As part of that process in the U.S., we are preparing comprehensive and scientifically rigorous Premarket Tobacco Product Applications, stopped the sale of flavored pods other than Tobacco and Menthol in November, halted our television, print and digital product advertising, implemented a $1 billion restructuring plan, and support the Administration’s final flavor policy,” Finan wrote.
Finan stressed that the California-based manufacturer intends to reach adult smokers — not underage users.
On Friday, Paxton announced he joined 26 other attorney generals in signing a letter, urging the Food and Drug Administration to expand its guidance on e-cigarettes to strengthen enforcement.
“The Guidance’s focus on cartridge-based systems will continue to allow the two most popular e-cigarette devices among high school students (after JUUL) to operate outside the Guidance,” the letter read.
In Texas, the percentage of youth reporting using e-cigarettes has been on the rise, and the first death from a vaping-related illness in the Lone Star State occurred in North Texas in early October.
As of Feb. 25, the Texas Department of State Health Services has identified 250 cases of severe lung disease in people who reported vaping ahead of experiencing symptoms, including four deaths. Of those cases, the median age of patients is 22 years old, and a little over half, or 136 cases, have been in the North Texas area.
State lawmakers held a hearing in December where they discussed strategies to combat the outbreak of lung illnesses associated with vaping, many of which included the presence of vitamin E acetate — an additive in some THC-containing vaping products, according to the Centers for Disease Control and Prevention.
As of Feb. 4, 64 deaths have been confirmed in 28 states and the District of Columbia, according to the CDC.
Missing from the December hearing was Juul, which had declined an invitation to testify, Sen. Lois Kolkhorst, a Republican from Brenham and chair of the Senate Committee on Health and Human Services, said at the time.
The e-cigarette manufacturer has faced a flurry of lawsuits, and some states have temporarily banned flavored e-cigarettes altogether.
While Texas has yet to institute a temporary ban, state lawmakers have taken some steps to restrict minors’ access. This past session, they raised the minimum age to buy or use tobacco products from 18 to 21. The law went into effect on Sept. 1, but military members can still purchase them at 18.
In 2015, lawmakers made it an offense to sell or give e-cigarettes to minors, and established additional requirements for retailers selling e-cigarettes, and required the Department of State Health Services to report on vaping use.
While the Trump administration announced new restrictions on most flavored e-cigarette cartridges late last year, Juul products are still on store shelves as tobacco or menthol products were not restricted.
This story was originally published February 25, 2020 at 1:13 PM.
