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Minnesota Suit Against E-Cigarette Maker Juul Goes To Trial

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(MINNEAPOLIS) — Minnesota Attorney General Keith Ellison is set to make the opening statement in his state’s lawsuit against Juul Labs on Tuesday, marking the first time any of the thousands of cases against the e-cigarette maker over its alleged marketing to minors will be heard in a courtroom.

In 2019, Minnesota filed a lawsuit against Juul, claiming the San Francisco-based firm illegally targeted young people with its products to make a new generation addicted to nicotine. Ellison has refused to specify how much money the state seeks in damages and civil penalties. However, upon announcing the action, he said it might be in the ballpark of Minnesota’s historic $7.1 billion settlement with the cigarette industry in 1998.

Juul has faced thousands of lawsuits nationwide, but most have settled, including 39 with other states and U.S. territories. In 2020, Minnesota added tobacco industry behemoth Altria, which previously owned a minority stake in Juul, as a co-defendant. Altria completed its divestment earlier this month and claimed to have lost its $12.8 billion investment. Altria announced a $2.75 billion investment in rival electronic cigarette firm NJOY a few days later.

“We will demonstrate how Juul and Altria misled and hooked a generation of Minnesota youth on their products, causing both great harms to the public and great expense to the State to remedy that harm,” Ellison said.

The jury trial will run three weeks before Hennepin County District Judge Laurie Miller. The landmark 1998 lawsuit by the state and Blue Cross and Blue Shield of Minnesota against the big cigarette companies took roughly four months.

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Juul has faced thousands of lawsuits nationwide, but most have settled in Minnesota

This lawsuit resulted in the release of millions of pages of previously secret industry papers and a $7.1 billion settlement soon before the state’s closing statements. Part of the money was used to fund anti-smoking programs, but Juul and Altria pointed out in court filings that lawmakers chose to spend most of the money on state government.

Ellison wants to deliver part of the state’s opening statement personally before passing it off to attorneys from two outside law firms handling the case for Minnesota. Consumer fraud, public nuisance, unjust enrichment, and conspiracy are all alleged in the case. A brief submitted last week provides a taste of the state’s claims.

“Defendant JUUL, in a conspiracy with Altria, preyed on and enticed Minnesota’s children to buy a product that may sentence them to a lifetime of nicotine addiction and other destructive behaviors,” state attorneys stated. “the company launched a design and marketing campaign aimed at enticing children, focusing on attracting ‘cool kids,’ creating a nicotine’ buzz,’ and utilizing social media and celebrities as ‘pushers’ of its addictive products.” Defendants allege their actions were in the name of assisting “aging smokers” to quit smoking. That claim is false; it is a ruse.”

According to Juul, Minnesota rejected settlement offers identical to those it received from other states, which gave “hundreds of millions of dollars to further combat underage use and develop cessation programs in those states.”

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Effective interventions to address underage use of all tobacco products in Minnesota

“Effective interventions to address underage use of all tobacco products in Minnesota, including vapor, rely on evidence-based policies, programs, and enforcement, not headline-driven trials,” the statement said. “This is the approach Juul Labs supports and has helped to implement.”

The creator of Marlboro cigarettes and other tobacco products, Altria Group, formerly Phillip Morris Cos., is downplaying its role. In a court filing last week, it stated that it purchased a 35% investment in Juul Labs in 2018 after its own vaping devices failed to find popularity, and only after Juul informed Altria “and announced to the world” that it had made “meaningful changes” to its marketing methods.

sAltria, based in Richmond, Virginia, said the services it offered to Juul lasted slightly over a year and ended in March 2020, including offering key counter space in retailers, mailing a Juul ad, and offering discounts to adult smokers. And it contends that its sponsorship did not materially raise sales of Juul products in Minnesota nor the use of e-cigarettes by minors in the state.

Juul, which debuted in 2015, quickly gained the market leader in the United States due to the appeal of flavors such as mango, mint, and creme brulee. Its popularity was boosted among teens, some of whom became addicted to Juul’s high-nicotine pods. In response to the backlash, Juul discontinued all U.S. advertising and its flavors in 2019. Juul’s appeal with teenagers has now declined, and its share of the multibillion-dollar market has decreased to around 33% from a high of 75%.

In June, the Food and Drug Administration rejected Juul’s proposal to keep its products on the market as a smoking substitute for adults, though that decision is under appeal. In September, Juul agreed to pay roughly $440 million to settle a two-year probe by 33 states into its marketing of high-nicotine products.

States still suing Juul include New York, California, Massachusetts, New Mexico, Alaska, Illinois, West Virginia, and the District of Columbia.

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SOURCE – (AP)

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Sweden Close To Becoming First ‘Smoke Free’ Country In Europe For 2024

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STOCKHOLM — In Sweden’s outdoor bars and eateries, summer is in the air but not cigarette smoke.

The World Health Organisation will observe “World No Tobacco Day” on Wednesday, and Sweden, which has the lowest smoking rates in the European Union, is almost ready to declare itself “smoke free” (defined as having fewer than 5% of the population smoking every day).

While others refer to the presence of “snus,” a smokeless tobacco product prohibited elsewhere in the E.U. but marketed as an alternative to cigarettes in Sweden, many experts credit decades of anti-smoking campaigns and laws.

Regardless of the cause, the 5% goal is now within sight. According to the statistics agency Eurostat, only 6.4% of Swedes over 15 smoked every day in 2019, the lowest rate in the E.U. and significantly lower than the average of 18.5% for the 27-nation bloc.

According to statistics from Sweden’s Public Health Agency, the smoking rate has decreased since then and last year, it was 5.6%.

Carina Astorsson, a Stockholm resident, claimed that the reason was that “we like a healthy way of living.” She said she had never been interested in smoking because “I don’t like the smell; I want to take care of my body.”

Younger generations of health-conscious Swedes appear to be aware of the dangers of smoking. Nearly 20% of people smoked 20 years ago, a low rate globally. Since then, anti-smoking policies, such as those that forbid smoking in restaurants, have reduced the smoking rate throughout Europe.

From 2014 to 2019, France saw record-low smoking rates, but this progress halted during the COVID-19 epidemic, which is partly blamed for creating the stress that led to smoking. In France, about one-third of those between 18 and 75 admitted smoking in 2021, a small rise from the previous year. 25% of people smoke every day.

Sweden, which has the lowest smoking rates in the European Union, is almost ready to declare itself “smoke free”.

Sweden has taken more steps than others to outlaw smoking, and the country claims that this has positively impacted several health factors, including a comparatively low rate of lung cancer.

According to Ulrika Rehed, secretary-general of the Swedish Cancer Society, “We were early in restricting smoking in public spaces, first in school playgrounds and after-school centers, and later in restaurants, outdoor cafes, and public places like bus stations.” Taxes on cigarettes and severe regulations on marketing these items have been significant concurrent factors.

She continued, “Sweden is not there yet,” pointing out that smoking prevalence is higher among underprivileged socioeconomic categories.

In the 10.5 million-person nation, seeing individuals lighting up is getting harder and harder. Outside the entrances to hospitals and other public facilities, as well as at bus stops train platforms, and smoking is not permitted. Like most of Europe, Sweden has a smoking prohibition extending to bars and restaurants’ outdoor seating areas as of 2019.

On Tuesday night, many people ate and drank on Stockholm’s terraces as the sun sank. While cigarettes were not present, some tables did have snus cans. Some drinkers put tiny pouches of moist tobacco under their upper lips between beer sips.

Long promoting their product as a less dangerous alternative to smoking, Swedish snus manufacturers take pride in the nation’s dropping smoking rates. Health officials in Sweden hesitate to suggest smokers switch to snus, another extremely addictive nicotine substance.

Rehed declared, “I don’t see any justification for pitting two harmful products against one another.” “It is true that smoking is more dangerous than most other activities, including snus. But even with snus, there are numerous health hazards.

Snus use during pregnancy has been associated in certain studies with an increased risk of heart disease, diabetes, and preterm births.

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Sweden, which has the lowest smoking rates in the European Union, is almost ready to declare itself “smoke free”.

When Sweden joined the E.U. in 1995, they wanted an exception to the E.U.’s ban on smokeless tobacco since they are so fond of their snus, a distant relative of dipping tobacco in the United States.

“It’s part of the Swedish culture; it’s like the Swedish equivalent of Italian Parma ham or any other cultural habit,” said Patrik Hildingsson, a spokesman for Swedish Match, the leading snus producer in Sweden that tobacco giant Philip Morris recently purchased.

According to him, policymakers should push the tobacco industry to create less dangerous smoking substitutes like snus and e-cigarettes.

“I mean, there are still 1.2 billion smokers in the globe. In the E.U., almost 100 million individuals smoke every day. And I believe that the restrictions on policymaking are limited,” he remarked. You will need to offer smokers various alternate, less dangerous options.

Turkmenistan, which has a tobacco consumption rate below 5%, is ahead of Sweden in terms of phasing out smoking, according to WHO, the U.N. health office. However, it should be noted that this is mostly because smoking is virtually nonexistent among women. The rate is 7% for men.

The WHO credits a variety of tobacco control initiatives, such as education programs, restrictions on tobacco advertising, and “cessation support” for smokers who want to give up the habit, for Sweden’s dropping smoking rate. However, the agency pointed out that when you include snus and similar products, tobacco usage in Sweden is higher than 20% of the adult population, comparable to the global average.

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Sweden, which has the lowest smoking rates in the European Union, is almost ready to declare itself “smoke free”.

In an email, which stated that “changing from one harmful product to another is not a solution.” The tobacco industry is attempting to deceive consumers about how deadly these products are by promoting a purported “harm reduction approach” to smoking.

According to Tove Marina Sohlberg, a researcher at the Department of Public Health Sciences at Stockholm University, Sweden’s anti-smoking laws stigmatize smoking and smokers, driving them into designated smoking locations and out of sight in public places.

She claimed that we are telling smokers their behavior is unacceptable in society.

One of the few remaining smokers in Stockholm, Paul Monja, thought about his habit as he prepared to light up.

He described it as an addiction that he hoped to overcome at some point. “Perhaps not now, maybe tomorrow.”

SOURCE – (AP)

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2023: Ruling Clears Way For Purdue Pharma to Settle Opioid Claims, Protect Sacklers From Lawsuits

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On Tuesday, a federal judge issued a verdict that allowed Purdue Pharma, the producer of OxyContin, to settle hundreds of lawsuits over the devastating effects of opioids.

The affluent Sackler family of Stamford, Connecticut, would sell their stake in Purdue to a new business called Knoa, with the proceeds going towards combating the opioid crisis. This proposal was authorized by the 2nd U.S. Circuit Court of Appeals in New York. They would also make a long-term monetary investment of between $5.5 and $6 billion. At least $750 million will be distributed to opioid crisis victims and their families. Victims’ compensation is included in only one other large opioid lawsuit settlement.

Even though the Sackler family did not file for bankruptcy on Tuesday, they are shielded from legal action related to the opioid crisis due to the court’s judgment.

The judgment overturned a lower court decision from 2021, which held that judges in bankruptcy court had the authority to accept a deal that would extend bankruptcy protections to people who have not formally filed for bankruptcy.

The proposed settlement to resolve claims against Purdue brought by hundreds of state, local, and Native American tribal governments and other entities centers on these safeguards.

Ed Neiger, a lawyer for individual victims, said, “It’s a great day for victims, some of whom desperately need the money and have been waiting for this day for a long time.”

Members of the Sackler family have made it plain that they will only fulfill their obligations under the agreement if they are granted certain legal protections.

In a statement released on Tuesday, the Sackler family, who owns Purdue, said, “The Sackler families believe the long-awaited implementation of this resolution is critical to providing substantial resources for people and communities in need.” To paraphrase, “We are pleased with the Court’s decision to allow the agreement to move forward and look forward to it taking effect as soon as possible.”

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A federal judge issued a verdict that allowed Purdue Pharma, the producer of OxyContin, to settle hundreds of lawsuits over the devastating effects of opioids.

In its statement, Purdue hailed the decision as “a victory for Purdue’s creditors, including the states, local governments, and victims who overwhelmingly support the Plan of Reorganisation.” The business has stated that it will prioritize providing “billions of dollars in value for victim compensation, opioid crisis abatement, and overdose rescue medicines.”

After a second round of negotiations late last year, all states previously on the fence about supporting the proposal finally joined in. There was only one major holdout, the Justice Department’s U.S. Bankruptcy Trustee’s Office.

In April 2022, a lawyer from that department argued before the 2nd Circuit that it was “fundamentally inconsistent” to allow some lawsuits to be dismissed from the cases of people who did not file for bankruptcy and thereby lost most of their assets.

The Justice Department did not immediately announce its intention to appeal the Supreme Court’s verdict on Tuesday. On Tuesday, a spokeswoman said they would not comment.

A judge in the bankruptcy court will need to approve the most recent version of the deal before it can go into effect.

Even while the Sackler family is still the legal owner of Purdue, they have not been compensated in years.

perdue

A federal judge issued a verdict that allowed Purdue Pharma, the producer of OxyContin, to settle hundreds of lawsuits over the devastating effects of opioids.

After hearing arguments in the Purdue case last year, all three federal appeals judges concluded that the Sackler family could be shielded from legal action. Even if courts permit such arrangements, bankruptcy law does not, as one judge, Richard Wesley, pointed out in a separate judgment.

Regarding the opioid industry, Purdue may be the most well-known company. However, not only has one medicine manufacturer been sued by state and local governments, but so have several distribution corporations and pharmacies. Some lawsuits have gone to trial, but many more are being settled out of court.

More than $50 billion has been offered or paid out in settlements in the past few years. Drug manufacturers Johnson & Johnson and Teva, wholesalers AmerisourceBergen, Cardinal Health, McKesson, and retail pharmacies CVS, Walgreens, and Walmart all have agreements. More than half a million deaths in the United States over the previous two decades have been connected to the opioid problem, with over 70,000 deaths annually in recent years.

Fentanyl and other illegal synthetic opioids, not prescription painkillers, have been mostly responsible for deaths in recent years.

SOURCE – (AP)

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2023: New York City Makes It Illegal To Discriminate Against Weight And Height

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BRAND NEW YORK — Weight and height were added to the list of protected groups such as race, sex, and religion by New York City Mayor Eric Adams on Friday, making them off-limits to discrimination.

At a bill-signing ceremony held in City Hall, the mayor and other elected officials and weight-acceptance campaigners argued that people of all sizes should be afforded equal access to employment, housing, and public accommodations.

Adams, a Democrat who wrote a book on how he reversed his diabetes with a plant-based diet, praised the rule, saying it “will help level the playing field for all New Yorkers, create more inclusive workplaces and living environments, and protect against discrimination.”

This month, the city council passed an ordinance that makes exceptions for those whose height or weight would make it impossible for them to do their jobs.

When the council considered the bill, some business leaders spoke out against it, saying that complying would be too much of a hassle.

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At a bill-signing ceremony held in City Hall, the mayor and other elected officials and weight-acceptance.

“The extent of the impact and cost of this legislation has not been fully considered,” said Kathy Wylde, president and CEO of the Partnership for New York City.

San Francisco, Washington, DC, and Madison, Wisconsin, are just a few U.S. cities that have passed anti-discrimination measures protecting residents based on weight weight and physical appearance. New Jersey and Massachusetts are just two states where lawmakers have proposed size and height discrimination bans.

The president of the National Association to Advance Fat Acceptance, Tigress Osborn, has stated that the anti-discrimination ordinance passed in New York City should serve as an example for the rest of the country and the world.

According to Osborn, the city’s decision to pass the new rule “will ripple across the globe” and prove that “discrimination against people based on their body size is wrong and is something that we can change.”

The ordinance’s effective date is November 22nd, 180 days from now.

SOURCE – (AP)

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