Kansas court affirms $9.9 million payment to state treasury from 32-state vaping settlement

Coalition of attorneys general accuse Juul of marketing, sales misconduct

by Tim Carpenter, Kansas Reflector

Topeka — A district court judge in Kansas affirmed a $9.9 million settlement to the state resolving an investigation of allegations e-cigarette manufacturer Juul Labs engaged in deceptive marketing and sales practices appealing to youth who couldn’t legally purchase the product.

Attorney General Derek Schmidt said the money would be deposited in the state’s general treasury over the next six to 10 years. There would be no mandatory use of those funds. The payment was part of a $438 million agreement between Juul and 32 states and Puerto Rico.

The consent judgment in Kansas was approved by Shawnee County District Judge Thomas Luedke.

A two-year investigation, launched in wake of skyrocketing increases in youth vaping, found the company deployed advertising aimed at underage users. The company conducted launch parties, gave away free samples and relied on young models in commercials and social media posts, Schmidt said.

Schmidt took the unusual step in 2020 of revealing Kansas had been investigating Juul’s business practices for several months and had joined a bipartisan coalition of attorneys general involved in a broader inquiry.

“This is the best and most-efficient and effective way to protect the public interest statewide and ensure that any unlawful practices that contributed to the sharp increase in youth vaping are stopped,” Schmidt said.

The U.S. Centers for Disease Control and Prevention said more than 2.5 million school-age students used e-cigarettes during 2022. Youth consumption of traditional cigarettes has fallen while vaping rates climbed.

Juul sold vaping products in mango, mint and creme brulee flavors appealing to young consumers and modified the product to generate vapor that felt less harsh on the throat. Juul’s packaging implied the product contained a lower concentration of nicotine than it actually did. In addition, the inquiry disclosed Juul relied on age verification techniques the company knew were ineffective.

Under this settlement, Juul must refrain from specific marketing practices targeting youth and comply with sales and distribution restrictions.

The U.S. Food and Drug Administration is evaluating whether to impose a ban on sale of Juul’s vaping devices and pods.

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