Two Manhattan parents filed a lawsuit on Tuesday claiming their teenage daughter was sickened by e-cigarette giant Juul because the company illegally marketed the product to child using “big tobacco’s youth marketing playbook.”
Parents Kathryn Fay and Ian Fay brought the civil suit against Juul Inc., as well as stakeholder Altria, cigarette company Phillip Morris and a Manhattan smoke shop.
In the suit, the Fays claim their daughter began using Juul when she was 12 years old after being attracted to the e-cigarette’s mango-flavored nicotine. They say their daughter has been injured by her vaping use, but do not specify her injuries in the lawsuit.
Their lawyer, Jeffrey Haberman, told The Post that the teen’s primary sickness is addiction to nicotine.
The parents provide snapshots of advertisements from the e-cigarette company that are similar to those used by Phillip Morris, which they claim has a track record of marketing tobacco products to minors.
One of the adds shows a line of Juul pods lined up, with different flavors represented by separate colors on the cartridges. The suit compares this to an ad for Marlboro 72s, which shows a number of packs of cigarettes in different colors.
The suit also claims Juul falsely marketed itself as separate from “big tobacco,” when, in fact, Altria — the parent company of the Marlboro cigarette producer — acquired 35% of the company.
“JUUL had a campaign that expressly stated: ‘FACT: JUUL Labs is not Big Tobacco. We are an independent vapor company on a mission to eliminate cigarettes’, ” the suit states.
“That has proved false. As discussed below, Altria acquired 35% of Juul to partner with the company,” the suit adds.
In a statement, Juul blasted the suit and touted its commitment to helping eliminate “combustible cigarettes.”
“This suit largely copies and pastes unfounded allegations previously raised in other lawsuits which we have been actively contesting for over a year. This case is without merit and we will defend our mission throughout this process,” said Juul spokesman Austin Finan.
The parents are seeking unspecified damages and attorneys fees in their suit.