Boulder County sues Juul for alleged racketeering

BOULDER — Boulder County joined Denver, Jefferson, Eagle and Pitkin counties, along with several other jurisdictions across the U.S., in suing vape maker JUUL Labs Inc. for contributing to the rapid use of e-cigarettes by minors.

In a lawsuit filed in the U.S. District Court of Colorado Friday, Boulder County argues Juul’s marketing contributed to a spike in teenage e-cigarette use, pointing to surveys showing the number of high school students who have tried the cigarette alternative rose from 14.5% in 2013 to 48.7% in 2017.

Specifically, it alleges Juul and its affiliates of racketeering by trying to entice teenagers to use their products while publicly denying the potential adverse health effects. A passage in the suit claims a representative for Juul allegedly contacted Nederland Middle-Senior High School in January 2018 to offer free classes to teach students alternative ways of dealing with stress, an offer seen as in bad faith.

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Soon after, state health officials sent a notice to schools asking them to reject any training offers from Juul or other vaping companies.

However, Boulder County public health officials estimate those self-reported survey results are low and about two-thirds of the county’s teenagers are vaping. They’ve also seen reports of elementary school students being caught with vape pens.

Last fall, the city of Boulder raised the age to buy vaping equipment to 21, banned the sale of flavored pods, while voters approved a 40% tax on vaping sales.

The county is asking for the court to find Juul’s marketing a public nuisance, restrict its advertising and order the company to provide funding for education and cessation treatment.

Juul and the Boulder County Attorney’s Office did not respond to a request for comment Friday afternoon.

Colorado as a whole has the highest rate of youth vaping among U.S. states, according to a 2018 study from the U.S. Centers for Disease Control and Prevention. Forty other state attorneys general, including Colorado Attorney General Phil Weiser, announced a joint investigation in February of Juul’s marketing practices after the CDC saw a wave of vaping-related lung disease cases last year. As of February, the U.S. has seen 2,800 cases and 68 deaths connected to e-cigarette use.

Boulder County’s lawsuit is nearly identical to the other four counties’ suits in allegations and relief demands. All five counties also share Seattle-based law firm Keller Rohrback LLP as their attorney of record, which filed a class-action lawsuit against Juul on behalf of a Washington State school district last year.

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