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North Carolina Sues 8 E-Cigarette Companies For Allegedly Marketing To Kids (gizmodo.com) 81

Posted by BeauHD from the ready-or-not-here-they-come dept.
An anonymous reader quotes a report from Gizmodo: North Carolina is aggressively going after the vaping industry for what the state sees as its role in getting kids hooked on nicotine. On Tuesday, State Attorney General Josh Stein announced that his office would be filing lawsuits against eight e-cigarette companies, arguing that each purposefully targeted underage customers. The lawsuits follow a similar one filed by Stein's office against the vaping giant Juul in May. According to Stein, the eight named companies -- Beard Vape, Direct eLiquid, Electric Lotus, Electric Tobacconist, Eonsmoke, Juice Man, Tinted Brew, and VapeCo -- all ran afoul of the state's Unfair or Deceptive Trade Practices Act. They're alleged to have used colorful labeling and sweet flavors in their products to knowingly entice kids into buying them. They're also accused of failing to take even meager steps to prevent children from getting their hands on these products, such as instituting age verification checks on their websites. "One look at their marketing materials demonstrates just how egregious their sales tactics are -- with flavors like cotton candy, gummy bear, unicorn, and graham cracker, they're clearly targeting young people," Stein said. "To teenagers, the health and addiction risks of vaping are simply too high. That is why my office is asking the court to protect our kids by shutting down these operations in our state."

A lawsuit filed last week in Chicago accuses e-cigarette maker Juul Labs and Philip Morris USA of similar misconduct, such as illegally marketing nicotine-delivery devices to minors and deceiving consumers about the risks of vaping.
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North Carolina Sues 8 E-Cigarette Companies For Allegedly Marketing To Kids More

North Carolina Sues 8 E-Cigarette Companies For Allegedly Marketing To Kids

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  • Because no adult ever like... (Score:4, Insightful)

    by theNetImp ( 190602 ) on Wednesday August 28, 2019 @09:12AM (#59132642)

    cotton candy, gummy bear, unicorn, and graham cracker flavors.

    Don't get me wrong I am against vaping and smoking in general, but don't go saying that you're clearly going after children because of flavors. Adults like flavors too.

    • And bright colors. They are really reaching with this lawsuit. It's gotten ridiculous

      (...and this is coming form someone who hates smoking and being around people who smoke...)

      • And bright colors. They are really reaching with this lawsuit. It's gotten ridiculous

        I agree.

        Although I will admit, I miss Joe Camel.

        • Obviously, animated characters are something enjoyed by adults as well as fruity flavors and bright colors. These are stupid product liability claims to begin with.

          The real claims against vaping will be in a few decades, when we're seeing all the respiratory illnesses cropping up from years of inhaling these chemical cocktails instead of the other chemical cocktails the people used to be inhaling.

          • It didn't take decades for the evidence to crop up that smoking was horrible for your health. They new way early on. Vapes have been around in various forms for nearly 15 years.

        • Joe Camel was cool. This is just bullshit little kid crap.

            Yes - evil, marketing, all that stuff

            - Spoken a kid of the 1980s

      • They are really reaching with this lawsuit. It's gotten ridiculous

        North Carolina is the #1 tobacco producer, growing more than twice as much as #2 Kentucky.

        Vaping is a threat to their economy.

        The nicotine in vape liquids comes from tobacco, but not from the broadleaf tobacco grown in NC for cigarettes.

    • Comment removed (Score:4, Interesting)

      by account_deleted ( 4530225 ) on Wednesday August 28, 2019 @09:36AM (#59132716)
      Comment removed based on user account deletion

      • Re: (Score:2, Interesting)

        by Anonymous Coward
        Are cakes and candy marketed toward kids or are they just cakes and candy?

        So you're saying that technically some adults like some of the stuff that's traditionally aimed at children

        You should swing by your local college campus for a bit. You'll find it very educational. Even the post-doc researchers in their late twenties are all in to stuff that we consider to be "stuff that's traditionally aimed at children". I'm in my forties, and I'm surrounded by adults my age who like comics, D&D, and video games. The demographic is changing and there are very few things which are marketed exclusively at kids, even

      • These are not comparable. There's nothing about candy that makes it "for kids." It's just tasty.

      • I understand it when it's talking the packaging. But when it comes to ecigs, the flavor is the main use or feature. Do you think alcohol needs to be reduced down to "beer" and "everclear" to take out all the kid targetting flavors? Candy, fruits and snacks are pretty universally an all ages target demographic. They may advertise slightly more to kids, due to kids naturally having lower impulse control etc...

        • If you make fruit punch flavored vodka coolers, yeah, you're not marketing for thirty year olds.

          • if you make fruit punch flavored vodka coolers, yeah, you're not marketing for thirty year olds.

            You definatly have not done a round of shots with a mixed group of people. Male/Female. Because there are LARGE GROUPS of adults that do like fruit flavored booze. Shit, punpkin flavored beer? They also have flavors like that for coffee. You really have no clue what you are talking about.
          • This intending to be satire or something? Almost every drinking party I've seen with people below age, and barely of age, is generally, whatever's the most alcohol they can get without even thinking about flavor. Hence high school drinking is usually about getting a keg of generic beer. Adults that can go to an alcohol store, and feel comfortable spending lots of time etc... without caring about getting caught etc... on the other hand... like to pick fancy drinks with flavors. Almost always involves mixing

      • Re:Because no adult ever like... (Score:5, Insightful)

        by dead_p1xl ( 6182208 ) on Wednesday August 28, 2019 @10:36AM (#59132944)

        If they're marketing at kids, they're marketing at kids. There's virtually no way to market to kids that doesn't involve doing things that will be attractive to some adults too, but it's sophistry to pretend they're aiming their marketing at adults on that basis.

        This is disingenuous and wrong. The exact same tautology can be used to say "They're marketing to adults, but some kids are attracted to things marketed at adults". Just because it has fruit and bright colors does not mean that it's "targeting children". There is nothing inherently child-oriented about fruit or bright colors.

        By that logic, Apple is targeting children because they use a fruit logo, TD Ameritrade is targeting children because they have a bright green logo, and Lamborghini as well for making a bright orange supercar. Give me a break.

      • Comment removed based on user account deletion

      • There's virtually no way to market to 20 year olds without also marketing to 16 year olds. Especially when the product is "this tastes good".

        Funny how birthday cake vodka doesn't have this "marketing to children" problem.

      • Re: (Score:2)

        by Shotgun ( 30919 )

        I had a Bahama Mama at lunch today. Basically, a fruity drink to hold rum. Was that targetted at children?

      • So you're saying that technically some adults like some of the stuff that's traditionally aimed at children, therefore the intention isn't to market to children?

        No, we are saying that fruit and candy flavors and bright colors do no EXCLUSIVELY market to children. I personally prefer the fruit and candy flavor vape juices and I hate the "tobacco" and "mint" flavors. I'm pissed I can't buy Mango, Creme Brulee or Fruit Punch flavored Juul pods in my local stores anymore because of all the faux "tHiNk oF tHe ChIlDrEn!" outrage about flavors. I can't believe anyone would believe, much less even imply or insinuate that only children enjoy fruit and candy flavored thing

      • Just because a product is available to buy doesn't equate to "marketing to kids."

      • So you're saying that technically some kids like some of the stuff that's traditionally aimed at adults, therefore the intention isn't to market to adults?

        I assume you'd be furious if "Star Trek" was considered a TV show aimed at adults too, because Trekies are a thing?

        If they're marketing at adults, they're marketing at adults. There's virtually no way to market to adults that doesn't involve doing things that will be attractive to some kids too, but it's sophistry to pretend they're aiming their marketing at kids on that basis.

        FTFY

    • And a brand "Mom it is just a USB stick" isn't targeted at kids either.

      • And a brand "Mom it is just a USB stick" isn't targeted at kids either.

        You've got to be trolling. I bought a Juul specifically because I can use it discreetly and carry it around in my pocket and pull it out whenever without anyone noticing. As if stealth vaping is only for kids in high school. Jeez.

    • Comment removed based on user account deletion
    • For comparison, there's plenty of candy flavored vodkas out there too, like cotton candy, caramel apple. red licorice. If they are marketing an addictive substance to kids, than yeah, that's a problem, and I would not at all be surprised to see tobacco companies doing that yet again, but I don't think flavor and color are necessarily proof of it happening.

    • I've never had unicorn before. Does that taste more like fantastipotomus or more like jackalope?

    • No shit. I've never smoked or vaped before in my life, but as a 37 year old male I nearly tried vaping after walking by somebody smoking Captain Crunch flavor.

    • I'm in my forties and I have Vanilla Custard and Cinnamon Danish in mine.

      I think the real reason is they're terrified of losing the tax revenue from tobacco sales.

      LK

      • I think the real reason is they're terrified of losing the tax revenue from tobacco sales.

        LK

        DING DING DING! Winner Winner Chicken Dinner! Do use nic salts for your vape juice?

  • Comment removed based on user account deletion

  • LMFTFY (Score:4, Insightful)

    by war4peace ( 1628283 ) on Wednesday August 28, 2019 @09:21AM (#59132670)

    Corrected: "Tobacco Industry lobbying North Carolina is aggressively going after the vaping industry"

    • "Altria With a $12.8 billion investment, Altria, the nation's leading tobacco company, now owns 35% of Juul Labs, maker of the country's most popular e-cigarette. With the new investment, Juul is now valued at $38 billion, according to Altria's announcement.Dec 20, 2018"

      Corrected: "Tobacco Industry lobbying North Carolina is aggressively going after the vaping industry"

      Why would a tobacco company THAT OWNS a good percentage of a VAPING company go after it? Have you ever researched what you post before

      • While the article doesn't mention the tobacco lobby being behind it, it would be incredibly easy to see.

        After all, the companies that are being hit primarily make non-brand pods for Juul. Of course Altria (for example) would want to shut that down.

        the tobacco lobby has been VERY active over recent years at a national level trying to get the FDA to crack down on vaping, so that only things like Juul and other "buy at the convenience store disposable" brands are available... the market which is pretty much

      • Tobacco is still the de facto source for nicotine in vaping liquids. Tobacco companies will still make their money.

        State governments, on the other hand, are petrified of losing the revenue they currently get from taxing tobacco sales.

        LK

      • For the same reason most traditional tobacco companies have created and are marketing shitty vaping solutions. They don't embrace vaping, they corrupt it from within.

    • Re: (Score:2)

      by tomhath ( 637240 )
      Based on Attorney General Stein's background [wikipedia.org] I really doubt he was motivated by tobacco lobbyists.

  • And we are in charge of what is adult behavior!

    Seriously, this is fascism, on behalf of tobacco companies.

    If this is permitted, what's next? Accusations of pedophilia for watching cartoons?

  • Following on from my previous 1954 post [slashdot.org], it seems we've skipped quickly ahead to 2005/6, with a lawsuit for marketing tobacco products to children [lung.org].

    That's encouraging that the bullshit isn't being left as long this time but people...draw your own conclusions here. It is a line by line play from the smoking lobby and an almost literal rerun of history going on. If you're vaping now, why the hell are you not looking at the exceptionally clear, completely recent historical precedent and thinking..hmm.
    • Big tobacco didn't invent or even initially market vaporized nicotine juice and devices. They only recently invested in the likes of Juul when it became overwhelmingly obvious people are beginning to prefer vaping to smoking. There is no tobacco industry play-by-play going on here. You are seeing ghosts.

  • I bet it has absolutely nothing to do with the fact that North Carolina is one of (if not the) largest producer of tobacco in the States.

  • Comment removed based on user account deletion

    • there is no evidence vaping causes either of those problems.

      I'd agree it's bad but it's much safer than smoking anyway.

      • How bad is it really? Worse than all the car fumes living in the city or off a busy road? The smog in Beijing? Dust and pollen? The nicotine itself is a more addictive coffee.

        We do all kinds of things that will kill us. We don't eat right for starters, live sedentary lifestyles and put up with tons of pollution already. Vaping seems like its near the bottom of the list in the grand scheme of things.

  • Every time this comes up and people say it's aimed at kids because of the flavors I cant help thinking of UV vodka. In this context, why is one ok but not the other?

    • Vaping is the ideal enemy. It scores easy points with the health-nut crowds, anti-smoking advocates, parents, and all the general killjoys out there. It doesn't have much of a constituency among the powerful, influential or your usual "adults". It's mostly something that people under, what, 30 or so even *understand* let alone have experience with. I mean when I read the comments on vaping articles on the NY Times half the people are like "zomg, its just like smoking, including all the bad stuff you bre

      • I for one am an over 30 vaper that enjoys and prefers the candy and fruit flavors, and I'm pissed I can't buy Mango or Fruit Punch Juul pods in my local stores anymore because of this faux outrage of "think of the children!"

        • I think you're a rarity. I'm over 50 and don't know any vapers in my age group. Some of smoked, but we were really a generation that knew from day 1 that smoking was really bad, and many in my cohort never started, or if they did most quit.

          • I work for the railroad and up until recently, everyone smoked, from the new guys (which there are fewer of) to the silver and blue hair lifers of which are the majority age group. Now almost noone smokes, we all vape.
  • Why is it so difficult for people to understand that tobacco tastes like ass on its own, and that other flavors are much more appealing even to adults who use vape products? If I was trying to quit smoking, OF COURSE I wouldn't choose the dirt-flavored product, and there's nothing specifically targeting kids about this.

    If your product is fruit-flavored, why would you not have pictures of fruit on the label? Menthol has green mint stuff on it, so sure, blueberry has blueberries on it. The only thing remot
    • I quit smoking using a vaporiser, and for most of that time I vaped an unflavoured mix that I made at home. The 30% vegetable glycerine in the mix gave it a slightly sweet taste. It only tastes like tobacco if you flavour it to do so. Unflavoued is very underated.

    • Re: (Score:2)

      by sjames ( 1099 )

      Or a recognition that on the internet, nobody knows you're a dog. There really is no good way to age verify on the net if the user is determined to lie about their age.

      The most effective way is to require a credit card and clearly identify yourself in the itemization in hopes that if the buyer isn't an adult, the parents might actually read the monthly statement and take corrective action after the fact.

  • I'd laugh out loud except I don't take pleasure in other people's pain, and people are destroying their lungs, even faster than smoking, with these gods-be-damned things.
    I hope they get them banned from sale or use.

    • people are destroying their lungs, even faster than smoking

      Source? Citation?

      I hope they get them banned from sale or use.

      ... why do I even ask.

      • Source? Citation?

        Well, here's [iflscience.com] an example. That said, I'd imagine that some manufacturer screwed up and there's no regulations or inspections or anything like that about what else they put in.

        • Oh, that article where they vaped some unknown substance, possibly "THC". That's like comparing eating gutter oil fries with mcdonalds and concluding that its just not safe.

          • The problem is, as a consumer, how do you determine whether or not you're vaping some "unknown substance." We have various government regulations regarding what you can and can't put in cigarettes (including any flavoring agents other than menthol). But there's no regulation for vaping products.

      • Re: (Score:2)

        by Dunbal ( 464142 ) *
        It's been mentioned [healthline.com] quite a bit recently in the news cycle.
      • Here's just one, go find more yourself. https://www.politico.com/story... [politico.com]
        • I've been following that story. I look at it like a story about ecoli contaminated spinach. It's an isolated incident most likely related to a single supplier or ingredient.

          All the articles also mention THC vapes. That's an entirely different beast than nicotine juice. THC vapes are actual oil and are extracted from cannabis with various solvents. A process and resultant substance entirely different than nicotine, of/vg and some flavoring.

  • I must admit, when I see adults eating sweets or kiddie snacks I tend to think they're weird. Put away childish things for goodness sake! Adulting is about enjoying coffee, beer and cigarettes that taste like cigarettes!
  • Tobacco is still a very profitable cash crop in North Carolina. Naturally, they will go after products that threaten tobacco. If NC cared about kids at all, they would have objected to Joe Camel when he was first introduced decades ago. RJ Reynolds has its HQ in NC https://en.wikipedia.org/wiki/... [wikipedia.org] It looks like they are trying to prevent Altria's vaping dominance from eating away their profits.
  • Can't this state get back to more important issues such as suppressing voters and freaking out over trans people in bathrooms?
  • My wife is a middle school teacher. Even in the 6th grade classes there's a huge problem with the kids vaping. They'll lean down in class and vape into their backpack to try to hide the vapor.... Though this doesn't do much to disguise the smell...

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