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FTC Is Investigating Juul's Marketing Practices (techspot.com) 47

The FTC is investigating whether e-cigarette startup Juul Labs used influencers and other marketing to appeal to minors (Warning: source paywalled; alternative source). The Wall Street Journal reports: The probe, which hasn't previously been disclosed, began before the agency's antitrust review of a December deal in which tobacco giant Altria Group invested $12.8 billion to take a 35% stake in Juul, those and other people familiar with the matter said. The FTC is also determining whether to seek monetary damages, one of the people said. The agency in September first sent Juul a letter requesting information about its marketing, two of the people said. FTC investigators are looking at whether Juul engaged in deceptive marketing. The agency has designated the investigation as nonpublic.

The Food and Drug Administration and several state attorneys general also are investigating Juul's marketing practices. The FDA last October conducted a surprise inspection of Juul's headquarters and collected documents about its marketing. Juul's first marketing campaign in 2015, called "Vaporized," pitched the brand as a cool lifestyle accessory with images of people in their 20s and 30s, which critics say made the brand attractive to teens. Later, as sales of the sleek devices took off in 2017, Juul-related posts exploded on Instagram and Twitter with photos posted by young people using the product. Juul has since shut down its Facebook and Instagram accounts in the U.S. and changed its marketing to feature only adult smokers at least 35 years old who have switched to Juul. It has also voluntarily stopped selling sweet and fruity flavors in bricks-and-mortar stores.
"We fully cooperate and are transparent with any government agency or regulator who have interest in our category," a Juul spokesman said. The company says it has never marketed to youth and that its products are intended for adult cigarette smokers.

The company says it supports legislation to raise the minimum purchase age to 21. It also unveiled a plan on Thursday to install an electronic age-verification system at gas stations and convenience stores intended to curb illegal sales to minors.
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FTC Is Investigating Juul's Marketing Practices

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  • Make up your mind (Score:4, Insightful)

    by Captivale ( 6182564 ) on Thursday August 29, 2019 @08:01PM (#59139414)
    >pitched the brand as a cool lifestyle accessory with images of people in their 20s and 30s, which critics say made the brand attractive to teens So legally marketing to adults is bad because teens might like it? Should they only be allowed to market to senior citizens who are already dying? Adults are no longer allowed to buy flavors because kids like sweet things. Get the fucking zealots out of policy making.
    • Re: (Score:1, Interesting)

      Would you support tutti-frutti nicorette? Or candy cigarettes with nicotine in them? That's what flavored vapes are comparable to. I'm still on the fence, but Juul knows perfectly well these flavors attract young people. For the record, I vape unflavored exclusively, and it's an adequate substitute for cigarettes.
      • They also attract older people, like the 35 year old guys attracted to My Little Pony.
      • Would you support tutti-frutti nicorette?

        Or how about "Fruit Chill" [nicorette.com], a coated fruit flavor that lasts.

        • Have you ever tasted regular Nicorette? It's awful. I can't think of anything that needs fruit flavoring more than it.

          More importantly, you don't chew on it like you do regular gum. Even with fruit flavors you don't need to worry about people buying it for fun. It is not.

          • Have you ever tasted regular Nicorette? It's awful. I can't think of anything that needs fruit flavoring more than it.

            Since I'm not a drug addict, no I haven't tasted Nicorette. I'm not surprised it tastes like shit but I have a hard time believing that smoking tastes very pleasant either. Junkies will get their fix no matter what it tastes like. Poking needles into your skin for a drug fix doesn't sound like much fun either but it doesn't stop the addicts.

            I get why people continue to smoke/vape/chew once they are addicted to nicotine but I never really could figure out why people would be willing to start in the first

            • I get why people continue to smoke/vape/chew once they are addicted to nicotine but I never really could figure out why people would be willing to start in the first place since it's a rather unpleasant and obviously toxic thing to do.

              Well...

              First off is the effects. Yes, smoking (at first) will generate a high. A certain light-headedness. Also, as I understand it, Nicotine in small doses acts as a depressant--it calms you down. Stressed at work or something? Pop out for a cigarette. It'll calm you down...

              At higher doses, it acts as a stimulant. As a stimulant, it fits in nicely with other things that are depressants. You might have noticed that, with most bars banning smoking, you start see more alcoholic drinks with caffeine an

              • Yes, smoking (at first) will generate a high. A certain light-headedness. Also, as I understand it, Nicotine in small doses acts as a depressant--it calms you down. Stressed at work or something? Pop out for a cigarette. It'll calm you down...

                Have you ever seen someone trying to smoke the first time? I have. It's about as far from a pleasant high as it gets in a lot of (most?) cases. It makes people feel sick, cough, hack, etc since inhaling smoke (or the nasty chemicals that go with it) isn't something we are designed to do. And again you are describing why they continue to do it, not why they start. The question is what is the appeal that would cause you to stick a cigarette in your mouth in the first place and/or enough times to get add

          • The point of Nicorette or other tobacco substitutes is to help you STOP using tobacco and nicotine products. Tasting bad should presumably help to wean you off the gum. Juul and others go the opposite route, they want addicted users. Their electronics track the users, they know how much is consumed, and they know when to remind the users to go buy more pods. They don't provide a stop-smoking device, they provide a transfer-your-addiction-to-our-product device.

      • It might be noted that the two products which can be used to make the vapor, propylene glycol and vegetable glycerin, are a little bit sweet. These are what creates the fog that makes vaping what it is.

        Companies don't make them sweet simply because people like sweet tastes, the base is sweet by necessity and companies add flavors that go well with sweet, such as fruit flavors.

        • Propylene Glycol isn't the least bit sweet, nor does it contribute to the volume or density of the vapor, it's just a flavor carrier.
          • by BlueStrat ( 756137 ) on Friday August 30, 2019 @04:17AM (#59140202)

            Propylene Glycol isn't the least bit sweet, nor does it contribute to the volume or density of the vapor, it's just a flavor carrier.

            Wrong. The propylene glycol causes the vegetable glycerin to vaporize at lower temperatures (lower boiling point) and aids in making the vapor more smoke-like because it causes the creation of smaller vapor droplets. Attempting to use pure vegetable glycerin in a standard vape will cause the cartomizer coil(s) to overheat and scorch the glycerin.and the organic cotton wicking material. Commercial vape liquid can usually be specified by the ratio of PG/VG and nicotine dosage/ml but don't offer ready-to-vape liquid below a ratio of 20%-25% PG to 75%-80% VG because it just doesn't work well in the most common commercial mass-produced vaping units and causes premature cartomizer degradation & failure.

            If the FTC follows typical patterns, any new regulations will not solve any problems, only mildly affect the big tobacco companies making things like the Juul, but be incredibly effective at hampering their smaller competitors and making it harder and more expensive for tobacco smokers to quit smoking using vaping. Win-win for both the tobacco industry and those sweet, sweet tobacco tax revenues that have been dropping off heavily with far fewer people smoking tobacco.

            Strat

          • BlueStrat pretty much set you straight on the purpose of PG in vape. Let's have a look at first two sentences in the Wikipedia entry for PG:

            Propylene glycol (IUPAC name: propane-1,2-diol) is an organic compound with the chemical formula CH3CH(OH)CH2OH. It is a viscous, colorless liquid which is nearly odorless but possesses a faintly *sweet taste*.

            There are probably some other topics you know something about, so you could make intelligent comments on those other topics.

      • Would you support tutti-frutti nicorette? Or candy cigarettes with nicotine in them?

        Yes, please. I absolutely adore sweet-flavored cigarettes, chewing tobacco, vaping liquids and drinks. I'm almost 40, btw.
        Since we are talking about sweet flavors and taste, how about all those alcoholic drinks with such flavors? And how about extremely sugary sodas with gazillion flavors? How about energy drinks? How about Candy Crush Saga microtransactions?

        Don't get me wrong, I like them all (except Candy Crush Saga), however the analogy remains: The FTC is really pushing it, this is a move towards prohib

        • This right here, how many alco pops are out there targeted specifically at teens, WkD, Smirnoff Ice, etc. I line sweet stuff stuff but one gulp if WKD made me want to hurl, super sweet, but I'm sure 13 year olds love it. Just another fake outrage to limit/tax vapours out there.
          And before anyone gets on the OMG look at all the people coming down with lung probs in Ohio and Midwest, they were vaping unknown products from street corner vendors,,, the same as people who take a chance on home distilled liquor,

          • Just because teens might like something targeted to adults doesn't mean the product is targeted at teens. You can't stop teens from wanting things or wanting to do things they aren't ready for or allowed to do. You can only set and enforce rules that deny them access.

            Those sweet malt beverages you're talking about, and I agree they are awful, are popular with many young adults of legal age. There was a time when they were popular with me, then I realized that drinking them tended to give me the spins.

          • Wine coolers have no purpose other than teenage drinking.
        • Cigarettes and alcohol are already illegal to sell to minors. This isn't prohibition, it's about including this dangerous activity in the same category as other tobacco products. The push is not to prevent 20-somethings from vaping, but to prevent teenagers from vaping.

      • Yes and yes, because adults should be allowed to make their decisions. If they started sticking them inside Happy Meals, that would be one thing. But "flavoring that tastes good" by itself is not a crime and requires the biased interpretation of the dissenters to determine intent.
      • by sjames ( 1099 )

        Sure, why not. Anything to encourage smokers to chew the gum rather than light up.

        You might have noticed over the years that fruit juices mixed with alcohol are popular with adults. Dung mixed with alcohol is not.

      • Comment removed based on user account deletion
    • Sure, why not.

      Now, just apply cigarette equivalent tax on all vaping products across all states, make the punishments and age requirements equal to cigarettes, and require all the ingredients to be fully FDA vetted (since they are basically going straight into the blood stream via the lungs, this will need to be more stringent that food requirements of course).

      The chemicals used in these fluids are different from the the smoke of a cigarette, however it is still going straight in to your lungs in heavy conc

      • by Jesus H Rolle ( 4603733 ) on Thursday August 29, 2019 @10:05PM (#59139694)

        Now, just apply cigarette equivalent tax on all vaping products across all states, make the punishments and age requirements equal to cigarettes, and require all the ingredients to be fully FDA vetted (since they are basically going straight into the blood stream via the lungs, this will need to be more stringent that food requirements of course).

        I agree with everything except equivalent taxes. Despite the fear-mongering, vaping is safer than smoking. It should be taxed proportionately to its harm.

        The chemicals used in these fluids are different from the the smoke of a cigarette, however it is still going straight in to your lungs in heavy concentrations - there is therefore a high risk factor, and it should be treated as such.

        Early vaping had a lot of problems as they figured out solvents and flavors. They've since sussed it out Darwin-style. What we have now isn't causing people to drop dead (except for black market THC vapes at the moment). It's not as bad as a cigarette.

        There is also a much higher risk for children than in cigarettes of course, because vaping is less unpleasant to initially try.

        Thinner hypodermic needles made it less unpleasant to try heroin. As long as we're not making it attractive to people/children, there shouldn't be an issue. Cherry needles is where I draw the line.

        • Despite the fear-mongering, vaping is safer than smoking. It should be taxed proportionately to its harm.

          Well that's a subjective point of view. Vice taxes are one of those typically eluding logic. The level to which it's taxed is pretty much whoever is in charge's whim. So maybe it should be taxed proportionately, maybe it shouldn't. But in practice, very little logic is usually applied to tax on vices.

          It's not as bad as a cigarette

          I mean that's setting the bar mighty low there, but yeah sure if that's the stick we're using to measure with.

          Thinner hypodermic needles made it less unpleasant to try heroin

          But that's not exactly an apples to apples comparison. I get the humor you're trying to use to

  • by 110010001000 ( 697113 ) on Thursday August 29, 2019 @08:16PM (#59139446) Homepage Journal

    Whenever I see a guy vaping I think "that guy is soooo cool". It doesn't scream "douchenozzle" at all.

    • It's a drug addiction. Why should I give a fuck what people think? I didn't give one when I smoked. Save your hate for the stinkier nicotine addicts.
      • It's a drug addiction. Why should I give a fuck what people think? I didn't give one when I smoked. Save your hate for the stinkier nicotine addicts.

        Hate is not a limited resource.

    • I live in the douchebro capitol of the east coast, and from time to time see someone all decked out in the full douchebro getup, vaping... while riding one of the rental electric scooters. How that level of doucheitude didn't create a singularity and swallow us all in a black hole, I have yet to figure out.

      Full disclaimer: I can't deny loving the scooters myself. Oh the shame.
    • Whenever I see a guy vaping I think "that guy is soooo cool". It doesn't scream "douchenozzle" at all.

      Just like whenever I hear someone use a word like douchenozzle . It doesn't scream twat at all.

    • Why do I feel like the "vaping debate" really boils down to sentiments like this, and not any actual science, harm/risk reduction strategies or reasonable risk theories?

      • I think those comments are pointing to the fashion aspect of vaping. There's a huge rise in vaping from people who never smoked previously, they're not vaping in order to wean themselves off of cigarettes. Instead, it's a hipster sort of thing to do in many places. There's word of mouth that falsely tells others that it's perfectly safe. People are vaping indoors and if you ask them to leave they get upset and think that you're being some sort of puritan even though the vapor smells terrible and is like

    • Of course it wouldn't. While not glamorous, a douchenozzle still serves a useful purpose. I've not yet met a vapist of whom I can say the same.

  • Juul is owned by a tobacco company. Its purpose is to drag crushing regulatory burden onto the vaping industry, as competition to cigarettes.

    "See all these huge signs we put up how evil vaping is? You should regulate us."

    "Yes, give us all a good spanking. All vaping companies, not just us."

    "Yay! North Carolina, a tobacco state, is first out of the gate to sue Juul. More to follow!"

    That's the bullshit the government should be investigating.

    You are being played like a song in 4d chess, rubes.

    • Juul is not owned by a tobacco company. A tobacco company bought a 35% stake in the company last December, but you'll notice that 35% is far less than 100%.
      • Juul is not owned by a tobacco company. A tobacco company bought a 35% stake in the company last December, but you'll notice that 35% is far less than 100%.

        Precisely. That tobacco company (Altria) invested in Juul instead of making their own vapes because they see the writing on the wall: more and more people prefer to vape instead of smoke and the tobacco companies are losing money. As it should be.

        • That tobacco company (Altria) invested in Juul instead of making their own vapes because they see the writing on the wall: more and more people prefer to vape instead of smoke and the tobacco companies are losing money.

          "Losing money"? Hardly. Altria made $2 Billion in profit from revenue of $5.19 Billion last quarter. They are hugely, incredibly profitable and are likely to remain so. The sell a legal addictive drug that causes huge health care costs that they mostly get to push off on the rest of us.

    • I also think people are now getting more nicotine from vaping than they did as smokers, which makes me doubt the effectiveness for giving up smoking long term. And for non smokers, there's a new generation of kids already addicted to nicotine who've never tried tobacco and they're primed to be the next gen tobacco market if vaping is reduced.

  • The company says it supports legislation to raise the minimum purchase age to 21.

    Why? It shouldn't be 21 for smoking or drinking or vaping. If you are old enough to vote or serve in the military or sign a contract then you damn sure are old enough to be able to drink or smoke or vape. Yes smoking and vaping are hugely stupid things to do but 18 years old and you are an adult and you should get to make that choice. This is just political posturing by idiot politicians to pretend like they are doing something useful. The vast majority [procon.org] of countries around the world have their drinking

    • Since studies say your brain isn't fully developed until 25, maybe we should raise those ages to 25. Especially the voting age. Most of the others only affect the kid--voting w/o brains affects everyone.
      • by sjbe ( 173966 )

        Since studies say your brain isn't fully developed until 25, maybe we should raise those ages to 25.

        I don't really care what the specific age of maturity is but it seems 18 is the consensus answer and there is plenty of evidence that 18 works just fine. If you want to raise the age to join the military and to vote and to drive etc to 25 then fine but it should all be the same. It makes no sense to say I'm adult enough for some but not all of them. Raising it to 25 would be stupid and clearly counterproductive but it makes more sense than what we have now.

        Most of the others only affect the kid--voting w/o brains affects everyone.

        Defense of our country affects everyone. Being

  • I smoked for decades, since I was around 17.
    When vaping arrived, I tried the Blu. Thought the LED was clever but it didn't "do it" for me.
    I bought a bunch of vaping hardware, the nerd aspect was attractive I guess.
    Swapped batteries, tried all kind of juice. A new hobby I thought.
    I heard about the Juul hype and while a road trip I bought a discounted starter kit.

    When I took the first Juul hit, it rang the bell instantly. Must be the nicotine salt formulation,
    but it certainly worked the first time. Sort of li

Every nonzero finite dimensional inner product space has an orthonormal basis. It makes sense, when you don't think about it.

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