FILE - This Thursday, Dec. 20, 2018 file photo shows a Juul electronic cigarette starter kit at a smoke shop in New York. (AP Photo/Seth Wenig)

Two B.C. men seek to open class action against e-cigarette giant Juul

Owen Mann-Campbell and another B.C. man seek damages after using Juul vapes

Two men are alleging vape manufacturer Juul engages in deceptive marketing practices and targets their products at youth, according to a notice of civil claim filed at B.C. Supreme Court in Vancouver Monday.

The two plaintiffs, Owen Mann-Campbell and Jaycen Stephens, said they have been using Juul products since 2018 and have “experienced adverse health conditions as a result of vaping, including pulmonary disease.”

The claim targets Juul Labs and Juuls Labs Canada, their Canadian-arm, and seeks to certify a class action.

Mann-Campbell, of White Rock, said that shortly after he began using Juul products in 2018 he experienced shortness of breath, chest pain, coughing, an increased addiction to nicotine, anxiety and depression and weight loss.

Stephens alleges that after he began vaping in 2018 he experiences shortness of breath, chronic bronchitis, chest pain, coughing, pneumonia, increased addiction to nicotine and anxiety.

Both men were 18 years old when they began using Juul products. Vapes, or e-cigarettes, are illegal to sell or advertise to people under 19.

Mann-Campbell and Stephens claim their family doctors believed their symptoms to be linked to vaping.

READ MORE: Possible Canadian cases of vaping illnesses being investigated: health officer

The notice alleges that as Juul “caused the e-cigarettes to be introduced” into the Canadian market, they “knew that any damages or adverse effects related to the e-cigarettes would cause foreseeable injury to the plaintiffs and class members.”

Both men claim they would not have used Juul products had they received “accurate information and/or warnings with respect to the possible health complications from vaping.”

Juul announced earlier this month that they would cease internet, print and TV advertising in the U.S., but not in Canada. The company’s CEO Kevin Burns also announced plans to step down.

The court documents further state the plaintiffs were “misled by the statements made by [Juul] with respect to the safety and efficacy of their products and by advertising made by [Juul] designed to market their products to minors.”

Canadian law forbids companies from advertising any health benefits from vaping and from comparing those health benefits to cigarettes.

In November 2018, the company said it would continue to sell mango, fruit, and cucumber flavoured pods in Canadian retail outlets, despite no longer doing so south of the border because they might entice young people to use its products.

Juul would not explain why it seemingly sees a link between flavoured products and youth consumption in the States, but not Canada, beyond saying the two markets “are very different.”

READ MORE: Juul move to end vaping advertising in the U.S. not extended to Canada

On Saturday, Health Canada warned Canadians who vape to watch out for signs of pulmonary illness, after at least two cases of the disease in Canada were linked to vaping.

South of the border, U.S. officials have launched investigations into 450 possible cases of illnesses linked to vaping, as well as five deaths.

The plaintiffs are seeking to have their claim certified as a class action, as well as general, special and punitive damages, relief under the Business Practices and Consumer Protection Act, recovery of healthcare costs incurred by the Ministry of Health Services, and costs.

In an email to Black Press Media, a Juul Labs Canada spokesperson said “we have not yet been served with the statement of claim and at this time are not able to provide any further comment.”

READ MORE: B.C. MLA calls on province to restrict vaping as first related illness appears in Canada

– with files from The Canadian Press


@katslepian

katya.slepian@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Body of 21-year-old man found in Okanagan Lake

BC Coroners Service is investigting the circumstances of the man’s death

Shuswap wineries medal at national championships

Celista Estate Winery, Ovino Winery represent region at All Canadian Wine Championships

Column: Hidden painting by former Shuswap artist reveals how history repeats

Artwork by Jerome Howard Smith paints critical picture of society during late 1920s

Morning Start: Tomato juice won’t fix getting skunked

Your morning start for Wednesday, Aug. 5, 2020

Passengers escape unharmed from destructive houseboat fire on Mara Lake

Cause of blaze under investigation, flames erupt about 2 a.m. Aug. 4

Airlines dispute Dr. Henry’s claim they ‘very rarely’ give accurate COVID contact tracing info

Air Canada, WestJet say they provide names and contact information

Regional District of Okanagan-Similkameen pays nearly $8 million in wages

Figures included in latest Statement of Financial Information

Democracy costs Regional District of Okanagan-Similkameen more than $500,000

Remuneration and expenses paid to chair, directors and alternate directors comes to $542,588

Workplace design: Are you grown up enough to work from home?

Columnist Jules Galloway is the founder/owner of Evolve Design| Build

Kelowna RCMP discover more imitation firearms used in crimes

RCMP say the fake guns can be hard to distinguish from the real ones

Dyer: Replacing dam and solar power

Research indicates Canada could replace 100% of power from dams with solar, using only 13% of the land

Airborne hot dog strikes Greater Victoria pedestrian

Police called to 4200-block of Quadra Street for hot dog incident

Kootnekoff: CEWS expanded and extended

Susan Kootnekoff is the founder of Inspire Law, her diverse legal career spans over 20 years

B.C. scientist, 63, protests in trees set to be removed for Trans Mountain pipeline

Tim Takaro is reaching new heights as he tries to stall the pipeline expansion project in New Westminster

Most Read