Tag: British Columbia

  • Altria Loses Juul Appeal in British Columbia

    Altria Loses Juul Appeal in British Columbia

    Image: StandbildCA

    Altria Group has lost an appeal to challenge the territorial jurisdiction of the British Columbia courts in a Juul class action lawsuit, reports Victoria Now.

    “The plaintiffs allege the e-cigarette devices are hazardous products but were falsely marketed as a desirable, safe and healthier alternative to smoking,” the civil claim states. “The plaintiffs additionally allege that the defendants conspired together to addict a new generation to nicotine or, alternatively, conspired to maintain and expand the market for Juul products using unlawful means knowing that addiction and other injuries were likely to result.”

    Altria was brought into the litigation with Juul Labs Canada and Juul Labs USA in September 2020, a year after the original civil claim was filed, following Altria acquiring a 35 percent stake in Juul in 2018 for $12.8 billion.

    According to the litigation, Juul and Altria allegedly “conspired” to “employ strategies perfected in the cigarette industry” to advertise and market Juul products to youth.

    “It is alleged that the defendants exploited regulatory loopholes and relied on social media and other viral advertising methods to hook young people on Juul, despite the defendants’ knowledge of the dangers associated with vaping. Altria is alleged to have provided strategies, analyses and services to the defendants in furtherance of the conspiracy,” a judgment reads.

    Altria’s claim that the British Columbia courts did not have jurisdiction over the action was dismissed in 2022. Altria then appealed the decision, claiming the judge “failed to address evidence that was materially relevant.”

    Altria argued that the judge ignored or misconceived evidence that Altria did not ship Juul products to Canada or send Juul marketing materials to Canadian addresses, among other things.

    The appeal decision found that there is not a real and substantial connection because class members may have “hopped the border and been influenced by Altria’s activities in the United States.”

    “Rather,” the appeal decision reads, “the judge found that the respondents established a good arguable case that Altria was a party to a conspiracy to advertise and market Juul e-cigarettes to young people in a manner that was misleading about the health risks, including the risk of addiction.”

  • British Columbia Juul Litigation to Proceed

    British Columbia Juul Litigation to Proceed

    Photo: niroworld

    The Supreme Court of British Columbia has dismissed an application from Altria Group to stay or dismiss proceedings against the company in a class action lawsuit against Juul Labs, reports The Lawyer’s Daily. Altria owns 35 percent of Juul.

    The claim alleges that Altria conspired with Juul in the sale of nicotine vaping devices to youth in particular with the goal “to convert them into smokers” in part through nicotine addiction.

    The class action suit was initially filed in September 2019, shortly after Health Canada issued an advisory for vapers to “monitor themselves for symptoms of pulmonary illness … and to seek medical attention promptly if they have concerns about their health.”

    “This is an important decision that ensures that Canadians are able to sue all the parties that they allege have harmed them,” said Daniel Bach, a partner in Siskinds, about the Supreme Court decision. “We look forward to litigating these issues against Altria on the merits.”

    Juul has been pummeled by lawsuits and mounting restrictions on the production and sale of vaping products in recent years. The e-cigarette maker has suffered financially as a result.

    Since 2019, Juul has halted all U.S. advertising, discontinued most of its flavors and attempted to rebrand itself as a product for older smokers who seek alternatives to cigarettes.

    According to press reports, Juul has been preparing to file for Chapter 11 bankruptcy.

    This was the second appeal by Altria in this class action that British Columbia courts have dismissed. In October 2021, the B.C. Court of Appeal dismissed an appeal to an order allowing cross-examination on its affidavits in the company’s jurisdictional challenge.

  • B.C. restricts use and sale of e-cigarettes

    British Columbia, Canada, will ban the sale of e-cigarettes to minors and prohibit e-cigarette use in buildings throughout the province by the end of 2015. The crackdown on vapor products is intended primarily to prevent minors from being exposed to such products and the unknown health effects they may have on users in the long term, according to Health Minister Terry Lake.

    The new legislation bans the use of e-cigarettes inside all public buildings where traditional cigarette use is currently banned, including restaurants, bars, coffee shops, workplaces, hospitals, schools and movie theaters. The ban also covers vaping on all public and school properties, although health authorities are permitted to set aside specific areas for vaping as they have in the past for traditional smoking. Whether the use of e-cigarettes in parks is permitted will be determined by bylaws passed by local municipalities.

    Vapers caught using e-cigarettes in restricted locations could face fines ranging from $58 to $575, while those caught selling e-cigarettes to minors risk a $575 fine.

    The legislation also forbids businesses that sell e-cigarettes to advertise such products to youth, and those business that are caught selling e-cigarettes improperly could face administrative sanctions of up to $5,000.