Toothless Vape Flavor Cartridge Ban Goes Into Effect

E-juice flavors will continue to be available to those that use disposable or open-tank vape pens

Friday, February 7, 2020 - Make no mistake, educators, lawmakers, consumer health advocates and parents especially, are furious at Juul Inc. not for helping addicted cigarette smokers to kick the vile, dirty, and disgusting combustible cigarette habit, but for deliberately targeting teenagers with their vape flavor advertisements. Lawmakers responding to public outcry have signed legislation that takes effect this week that prohibits the sale of flavored vape cartridges, thought to attract youths to take up the vaping habit, from sale throughout the United States. Approximately one in three high school students admit to vaping and 99 percent of them are ignorant of the fact that they are being addicted to nicotine, a substance as habit-forming than caffeine or opioids. The vape cartridge ban, however, only addresses a small part of the teen vaping/nicotine addiction epidemic, and could have little effect on teen vaping habits as only vape pen flavor cartridges and not "e-juice" will be banned. E-juice flavors such as Peppermint, Coffee, Lava Flow, Candy Crash, Blue Razz, Lemonade and many more will continue to be available to those that use disposable or open-tank vape pens. In addition to the partial vape flavor ban, the Federal government has raised the national age of legally smoking tobacco to 21 years old. Juul Vape pen lawsuits are represented by top national attorneys offering a free consultation with no obligation to file a claim.

Esquire.com has written a thorough and well-researched piece on the ban describing it as something between a lobbyist-driven, watered-down ban and no ban at all. Esquire writes that the legislation: "covers the manufacturing, distribution, and sale of fruit- and mint-flavored vape products, except for less appealing flavors like menthol and tobacco. And it only covers flavored vape cartridges or pods. That means flavored e-liquid that's not packaged in a cartridge is good to go, as are disposable vapes and refillable open-tank vapes," according to the report. Makers of e-juices have until May 12. 2020 to apply to the US Food and Drug Administration to seek approval to continue to sell e-juice and have a one-year grace period to continue to sell the flavors if rejected.

While the government's focus has been to try and ban vape pen flavors, the real issue is the government's lack of awareness as to what constitutes advertising in the digital age. Old school lawmakers think internet advertising is limited to a banner ad or a text link but slick marketing has taken advertising to the next and more subtle level. Youtube "influencers" promote vaping on their podcasts or other videos to million of underage and teenage viewers by simply using the product and providing an "affiliate link" in the text of their video. Whenever a viewer clicks the link they are taken to the e-juice or vape product web site where the influencer/referrer will receive a commission on sales made by the consumer for a period of between 30 and 180 days going forward, Affiliate commission usually range from 5 to 25% of the gross sales made, and the typical affiliate can earn from between $250 to $25,000 per month depending on the amount of qualified traffic they send the retailer. Because the topics of the social media influencers video could range from applying makeup to how to ask a girl to dance, teen's may be as ignorant that they are being advertised to as they may be that vaping contains addictive nicotine and is dangerous to their health.

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Lawyers for JUUL Vape Pen Lawsuits

OnderLaw, LLC is a St. Louis personal injury law firm handling serious injury and death claims across the country. Its mission is the pursuit of justice, no matter how complex the case or strenuous the effort. The Onder Law Firm has represented clients throughout the United States in pharmaceutical and medical device litigation such as Pradaxa, Lexapro and Yasmin/Yaz, where the firm's attorneys held significant leadership roles in the litigation, as well as Actos, DePuy, Risperdal and others. The firm has represented thousands of persons in these and other products liability litigation, including DePuy hip replacement systems, which settled for $2.5 billion and Pradaxa internal bleeding, which settled for $650 million. The Onder Law Firm won over $300 million in four talcum powder ovarian cancer lawsuits in St. Louis to date and other law firms throughout the nation often seek its experience and expertise on complex litigation.