Vaping giant Juul forged an unusual relationship with Iowa's Tom Miller, the nation's longest serving AG. Miller told the public not to 'overreact' even as underage vaping surged to record levels.
FILE - In this July 25, 2019, file photo, Juul Labs co-founder and Chief Product Officer James Monsees testifies before a House Oversight and Government Reform subcommittee on Capitol Hill in Washington, during a hearing on the youth nicotine epidemic. Vaping giant Juul Labs has donated thousands of dollars to court state attorneys general. But the lobbying strategy may be backfiring.
The documents shed new light on the unusual connection Juul forged with Iowa’s Tom Miller, the longest-serving state attorney general in U.S. history. The records show that Miller served as a behind-the-scenes adviser, helping the company respond to media requests and inquiries from government officials. Miller did not receive campaign contributions from Juul.
The face time with state officials hasn’t prevented scrutiny, however. So far nine states have filed lawsuits against Juul and more may come in the wake of the 39-state investigation, which also is examining whether the company made misleading claims about the nicotine content in its devices. “Juul really created this crisis,” said Dr. Scott Gottlieb, the former Food and Drug Administration commissioner. “Juul created the pool of nicotine-addicted teens and I think they popularized the idea of vaping among kids.”
Yet Juul may face an even bigger threat from state attorneys general, most of whom are elected independently and have broad discretion to investigate and litigate. They’re especially formidable when they band together. Dozens of them did in the 1990s with litigation against tobacco companies that led to an historic $206 billion settlement and new marketing rules that continue to govern how the industry operates.
A Democrat with more than 37 years in office, Miller frequently mentions his leadership role in forging the 1998 settlement with the tobacco industry. He’s championed vaping’s potential to “save the lives of adult smokers.” Two weeks later Miller’s office issued a press release titled “Juul offers opportunity to reduce smoking rates” highlighting the company’s potential to shift smokers away from cigarettes.
The advisory group would hold several conference calls with Juul executives. But one former state official was not sympathetic to Juul’s desire to keep its flavors readily available in stores. In the following weeks, Juul would seek Miller’s input or encourage him to field inquiries from The New York Times, CBS’ “60 Minutes” and NBC.
Miller rejected any suggestions that Juul benefited from its association with him and said he wouldn’t hesitate to take legal action against the company if evidence shows wrongdoing.Anthony Johnstone, a former assistant attorney general for Montana, said there is little precedent for such a close partnership.
Shapiro’s office had called for Juul to pull its fruit and dessert flavors from the market and reduce the high nicotine levels of its e-cigarettes. Yet the company declared these weren’t bugs, but features that adult smokers wanted, according to an eight-page memo written by a Juul executive that recounted the conversation.
South Carolina Attorney General Alan Wilson announced last month that he’d joined the 39-state probe of Juul to examine whether the company “is following the law and not misleading people with false or misleading claims.” Previously, Wilson’s reelection campaign had accepted a $3,000 donation from Juul’s PAC and he’d met with company representatives in February 2019.
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