Virginia is expected to received at least $16.8 million; prohibits deceptive and youth-focused marketing of e-cigarettes

On December 6, 2022, Attorney General Jason Miyares announced that Virginia has joined a bipartisan coalition of 33 states to secure a $434.9 million settlement from JUUL Labs, widely recognized as the leading e-cigarette manufacturer, resolving allegations of nationwide efforts to lure America’s youth into using “vaping” products. The settlement resolves claims that since 2015, JUUL has used social media marketing campaigns, easily concealable e-cigarette designs, youth-friendly flavors, and other means to addict a new generation of Americans to nicotine.

“I am proud of my office’s efforts to address the harm caused in this case nationwide and here in Virginia. Our consumer protection section will continue to work tirelessly to hold bad actors accountable when they disregard the health and welfare of Virginians, particularly our youth,” said Attorney General Miyares.

Under the terms of the settlement, JUUL is required to pay Virginia at least $16.8 million, with the first payment of $1.58 million to be paid after the settlement is approved in court. The settlement prohibits JUUL from engaging in a variety of misleading, youth-focused marketing tactics, including:

• Marketing to youth
• Funding education programs
• Depicting persons under age 35 in any marketing
• Using cartoon advertisements
• Selling flavors not approved by FDA
• Allowing access to websites without age verification on the landing page
• Advertising in outlets unless 85 percent of the audience is adult
• Using paid influencers

Attorney General Miyares previously announced the agreement in principle in September.

Attorney General Miyares filed the settlement as a proposed Consent Judgment today in the City of Richmond Circuit Court. The settlement requires court approval.

The following states joined Virginia in the settlement: Alabama, Arkansas, Connecticut, Delaware, Georgia, Hawaii, Idaho, Indiana, Kansas, Kentucky, Maryland, Mississippi, Missouri, Montana, North Dakota, Nebraska, New Hampshire, New Jersey, Nevada, Ohio, Oklahoma, Oregon, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Wisconsin, and Wyoming. The investigation was led by Connecticut, Texas, and Oregon, with support from Virginia and other states.

Click here to read the settlement.