Attorney General Mark Brnovich announced that his office’s consumer fraud lawsuit against Juul Labs, Inc. (JUUL) will proceed after the Maricopa County Superior Court denied JUUL’s attempt to dismiss the case.
“As the Court’s ruling indicates, our complaint is a textbook example of alleging illegal conduct prohibited by Arizona’s Consumer Fraud Act," said Attorney General Mark Brnovich. "We will vigorously pursue this matter to a resolution that will hold JUUL responsible for targeting Arizona youth."
In January 2020, the Arizona Attorney General’s Office’s (AGO) filed a lawsuit against JUUL, regarding the advertisement and sale of the company's vaping devices and vaping pods towards Arizona’s youth. The complaint alleges that JUUL engaged in deceptive and unfair acts and practices, including:
Appealing to, targeting, misleading, and exploiting young people with tactics such as fruit flavors, social media campaigns, and free giveaways;
Failing to take steps to prevent underage purchase and distribution; and
Misrepresenting the amount of nicotine in JUUL’s products.
In its motion to dismiss the complaint, JUUL argued, among other things, that the AGO's claims were preempted by federal law. After a briefing and an oral argument, the court denied JUUL’s motion to dismiss in its entirety.
JUUL’s answer to the AGO Complaint is due by July 15, 2020. The lawsuit seeks, among other remedies, injunctive relief, civil penalties, and disgorgement of profits.
This case is being overseen by Civil Litigation Division Chief Counsel Joe Sciarrotta and handled by Consumer Protection Senior Litigation Counsel Shane Foster, Neil Singh, and Stephanie Elliott. Consumer Protection and Advocacy Section Chief Counsel Rebecca Eggleston represented the State at oral argument.