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Juul reaches $462 million deal with New York, California and other states

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On Wednesday, New York, California and several other states announced a $462 million settlement with Juul Labs, settling lawsuits alleging the company aggressively promoted its e-cigarettes to youth and fueled the vaping crisis.

The agreement ends many of the company’s legal problems, reaching settlements with 47 states and territories and 5,000 individuals and local governments. Juul is at the center of a trial in Minnesota, an unusual case in which no settlement was reached.

But the company’s efforts to broker lawsuit deals have cost it nearly $3 billion to date, a huge amount for a company that is still seeking official regulatory approval to continue selling its products.

The latest settlement settled claims from New York, California, Colorado, D.C., Illinois, Massachusetts, and New Mexico. This follows other lawsuits that have held Juul liable for failing to warn younger users that the high levels of nicotine in their e-cigarettes would be addictive.

California alleged in its lawsuit that for several months Juul did not disclose in its advertisements that its devices contained nicotine. It details the company’s early marketing efforts, which included giving away free e-cigarette samples in 2015 at fashion events including Night Wonderland in San Bernardino and All Night Movie Party in Los Angeles. The New York lawsuit notes that the company used social media hashtags such as #LightsCameraVapor.

Attorneys general in those states conducted an investigation which they say found that Juul executives were aware that their initial marketing was luring teen users into buying its sleek vaping pens, but did little to address the problem as vaping rates among teens skyrocketed. increased.

In New York and the Hamptons, the company held glamor parties and “falsely convinced consumers that its vapes were safer than cigarettes and contained less nicotine,” New York Attorney General Letitia James said at a news conference on Wednesday.

“Jule’s lies led to a nationwide public health crisis and resulted in addictive products falling into the hands of minors who thought they were doing something harmless,” Ms James said, noting that the state would receive from the deal nearly $113 million.

California will receive the largest portion of the settlement, valued at nearly $176 million. During a press conference on Wednesday, state attorney general Rob Bonta said Juul used Big Tobacco tactics to reignite the youth nicotine epidemic after years of reducing cigarette smoking among young Americans.

“I am proud to be here today to address the e-cigarette and vape industry: if you target youth, we will not stand by and let e-cigarette companies stake their profits on health and well-being. be our children,” Mr. Bonta said.

Juul spokesman Austin Finan said the company did not acknowledge any violations in the agreement. Citing federal data, he said that underage use of his products had dropped by about 95 percent. According to Mr. Finan, the settlement represents a near “complete solution to the company’s historical legal problems and provides confidence in our future.”

“The terms of the agreement, as well as the preliminary calculations, provide financial resources to further combat the use of minors and development programs and reflect our current business practices,” Mr. Finan said.

Sales of mango-flavoured and creme brulee products skyrocketed in 2019, and the company earned an enviable and extremely high valuation of around $38 billion. But that bubble began to deflate when federal data showed that 27.5% of high school students reported using e-cigarettes, with more than half naming Juul as their favorite brand. As public pressure on Juul escalated, the company began to position itself not so much as a trendsetter, but as a company helping adults to abandon traditional cigarettes.

The teen vaping crisis appears to have subsided from its 2019 peak, but public health experts remain concerned about 2.5 million teens reporting e-cigarette use, far higher than adults .

Overall, about 4.5% of adults use e-cigarettes, according to the Centers for Disease Control and Prevention. The annual survey, usually conducted in middle and high school, found that in 2022, about 9 percent of students reported using e-cigarettes in the last 30 days. In that survey, about 14 percent of high school students reported vaping, about half the rate in a survey conducted at the height of the crisis in 2019.

While the recent decline has been seen as a victory, some opponents of e-cigarette use have been concerned about data showing frequency of use; almost helped high school students who reported vaping said they did it 20 to 30 days a month.

Under significant public and regulatory pressure, Juul agreed to withdraw many of its flavored products from the market, greatly diminishing its dominant sales prowess and paving the way for competitors.

A host of other e-cigarette companies have filled the space left by Juul, offering vapes in rainbow colors and flavors like lime cookies, apple juice, and strawberry ice cream. The surge presented the FDA with an enforcement dilemma that allowed fewer than two dozen vaping products. At a recent congress hearingDr. Robert Califf, the agency’s commissioner, said he would be consulting with the Justice Department to consider options for removing illegal products, including flavored vapes, from the market.

This new agreement with some of the nation’s largest states completes several of Juul’s moves to resolve thousands of lawsuits from individuals and other plaintiffs over the past few years.

The company settled $7.9 million in West Virginia claims this month alone.

In December, the company agreed to pay $1.7 billion in lawsuits filed by more than 5,000 people, school districts and local governments. In September, the company settled $438.5 million in lawsuits filed by more than 30 states.

In a lawsuit in Minnesota that began a few weeks ago, Keith Ellison, the state’s attorney general, launched a case accusing the company of getting teenagers hooked on e-cigarettes “so they can make money.”

“They lured, deceived and addicted a whole new generation of kids after Minnesotans cut youth smoking rates to the lowest levels in a generation,” Mr. Ellison said.

As with other settlements, the latter requires Juul to refrain from marketing to youth. The agreement also requires Juul to stop offering free or “nominal price” products to consumers, and not to use “product placement” in virtual reality as it was considered for programming on the Oculus system.

Meanwhile, Juul’s business continues to struggle to find its footing. In 2018, the company dominated the vaping market with nearly $1 billion in revenue. These days, Juul trails Vuse, which is owned by British American Tobacco, in market share. Juul did not disclose its earnings, but BAT said its steam category in the United States, which includes the popular product Vuse Alto, generated about $1 billion in revenue last year, up more than 60 percent from a year earlier.

Tobacco giant Altria has tied its smoke-free future to Juul. In 2018, he paid almost $13 billion for a 35 percent stake in a vape company, only to see Jool become the target of a rise in teenage nicotine addiction, as well as a defendant in countless investigations and thousands of lawsuits. Altria valued that stake at $250 million late last year and swapped that stake for Juul’s stake earlier this year. intellectual property using tobacco heating devices that heat plant leaves in a vape-like device.

Rumors swirled for several months last year that Juul would be forced to file for bankruptcy. But at the end of November Wall Street Magazine reported that two of its directors and early investors provided cash injections and that it will lay off about a third of its employees, about 400 people.

Meanwhile, Juul is still waiting for the Food and Drug Administration to decide whether to allow the company’s products to be sold on the permanent market. The agency has the right to require e-cigarette companies to apply for clearance; In recent reviews, the agency has rejected millions of products, allowing about two dozen vaping devices and materials. (Juul products are now on store shelves because the FDA is not enforcing its premarket clearance requirement.)

The FDA initially denied the company’s request to continue selling its products in June, saying Juul provided “insufficient and inconsistent” data. But later, the agency decided to conduct additional reviews of scientific questions in the application.

HEALTH

“Every time she falls asleep, she might die”

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Sadie has a rare condition that affects how her nervous system controls her breathing.

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HEALTH

Jennifer Garner makes bombing glamor in a shiny strapless LBD

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Jennifer Garner wore a little black dress for a recent talk show appearance and she really shines.

Visiting New York for a Recording The Late Late Show with Stephen Colbert, 13 Ongoing 30 The star wore a simple, below-the-knee, strapless cocktail dress in black fabric, embellished with beads or studs. Given that Garner is one of the most modest A-listers, this is essentially her version of club gear.

Aside from a pair of rings and simple diamond-shaped ear loops, she ditched accessories, opting for plain black stilettos and no coat or purse (that’s how you know you’ve made it, right? When someone else is wearing literally all of your stuff) . With her bob tousled to one side and a slightly smoky look, this Jen look is really… so hot.

MEGA

No shade, but Garner almost always chooses something classy and, at least by Hollywood standards, conservative. It was the era of sexuality. Nickname days, but check out this review of her most “daring” images. They are all very beautiful and very ordinary. So when I say this is the most brilliant thing I’ve seen in a minute, I mean it.

JNI / Star Max

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HEALTH

America’s approach to childbirth must change

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TThe maternal mortality crisis in the United States continues to worsen. After rising steadily over time, annual death rates have soared to shocking levels. 40% only in 2021, according to the Centers for Disease Control and Prevention. Moreover, black women are 2.6 times more likely die of maternity-related causes than white women. Such results transcend class—twice as many black women in the highest-income groups die within a year of giving birth. same Fair for your kids. These horrifying statistics show that the world’s richest country is in a much worse crisis than any other high-income country.

As we celebrate Black Mothers Health Week 2023, we recognize the urgent need to overhaul the systems and structures that make this possible. Our experiences as former governors and former secretaries in the US Department of Health and Human Services tell us that transformation is possible. But addressing this pressing issue will require national commitment, targeted investment in culture-sensitive approaches, revised reimbursement policies, and more attention to women’s health in general.

As Co-Chairs of the Aspen Health Strategy Group, representing both sides of the political landscape, we have recently led senior leaders in healthcare, business, philanthropy, technology and other sectors in an in-depth search for solutions. The result is a report for 2020, Conquering the Maternal Mortality Crisis in the United Stateswhich calls for multifaceted action to focus maternal care outside of hospital settings.

Our work has convinced us that conversations about maternal mortality tend to underestimate one of the most powerful tools at our disposal: community-based models that take into account the nuances of culture and language. They tend to take a more individualized approach to pregnancy, take into account its social, emotional and health impacts, and address social determinants and structural inequalities that can undermine maternity care. The result is often improved maternal outcomes at a lower cost, while at the same time increasing maternal satisfaction. native people.

However, at present, the birth center in the United States is a hospital equipped with technology that treats every birth as if it required intensive medical care. Indeed, childbirth is the most common reason for hospitalization. in this country. This focus on acute care is reflected in provider staffing and training that enhances the role of professionals, payment plans that do not cover the full range of ancillary services, and regulatory structures that prioritize hospital needs over patients. The result is a system that fails parents and their children.

However, there are proven alternatives that do work. Midwives, who are much more common outside the United States, can provide many antenatal and obstetric services while remaining vigilant about the possible need for interventional obstetric care. Community health workers, doulas, and other service providers who are able to integrate family and social support with proper health care also fall on the prenatal and postnatal continuum. They often have local roots, come from the backgrounds to which they are inclined, and respect the need to provide ongoing family-oriented support.

Read more: Elaine Welteroth: Using OB was the best decision I ever made

We believe the federal government should fund efforts to increase the number of licensed midwives and other local health care providers to take full advantage of their experience and skill set. States should develop accreditation and scope standards to enable community perinatal care providers to use their full breadth of knowledge. Guided by the pursuit of quality and fairness, hospitals must turn to external resources and prioritize less urgent services, even if this reduces their income. Employers, public and private insurance companies must also ensure coverage for adequate care for the mother outside the hospital.

None of these will adequately reduce maternal mortality unless accompanied by affordable insurance that covers community services, guarantees continuity of care, and addresses chronic medical and social conditions that often cause the most harm. Medicaid, especially in states that have expanded the program, does provide significant coverage, but many women get pregnant before they become eligible and usually lose benefits after 60 days. after birth.

While recent federal improvements allow, but do not oblige, states to expand postpartum coverage by a year, broader improvements in residential care in general are important. Limited midwifery reimbursement is a huge shortfall, meaning that many women have to pay out of pocket to access these services. And there are several payment models for stable housing, adequate nutrition, and other social interventions that are critical to good health.

The national maternal mortality emergency calls for a comprehensive response, and health systems, third-party payers, regulators, accrediting organizations and employers can help by shifting the burden to the public. Pregnant populations should be included in any modernization effort and supported by adequate funding and training. Moreover, it is especially important to empower organizations that serve black women with leadership. Across all sectors, aggressive action to combat deep-seated racism and racist practices is also fundamental to progress. The global effort to reverse this epidemic can no longer be delayed.

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