Canadians can get in on class action against major vape brand

Canadians who vape could be part of a proposed class-action lawsuit against a popular electronic cigarette brand.

Law firm Siskinds LLP has filed a proposed class action accusing JUUL Labs Inc., JUUL Labs Canada Ltd. and Altria Group Inc. of deceptively marketing its e-cigarette products to Canadians.

JUUL is a popular vape brand that markets itself as a "satisfying alternative to smoking cigarettes." The e-cigarette atomizes nicotine salts derived from tobacco in one-time use cartridges.

The plaintiff in this class action alleges that JUUL "failed to properly inform Canadians, especially young adolescents and adults, of the dangers associated with the use of JUUL products."

According to the Siskinds LLP site, the proposed legal action against the companies is in the early stages of litigation. The next step is the certification hearing, where a court will determine whether the litigation is properly prosecuted as a class action.

Who could be a part of the proposed vape brand class action?

The law firm says the class action seeks to represent anyone in Canada who has used JUUL e-cigarettes.

Currently, you don't have to do anything to "join" the vape brand class action.

"Assuming you fall within the scope of the class member definition, you are automatically included in the proposed class action unless you 'opt out,'" reads the site.

Those who want to opt out (exclude themselves) once the class action is certified will not be able to participate in any settlement or court award achieved from the class action. However, they may be able to pursue their own claim on an individual basis.

"Generally speaking, you would only want to opt out of a class action if you intend to bring an individual legal action," explains the law firm.

"In most circumstances, it is more cost-effective to participate in a class action lawsuit because the legal costs are spread over a large number of people, making it more economical for any individual class member to obtain relief.”

In the meantime, Sisk"nds LLP advises Canadians to do the following to protect their rights throughout the class action:

• Keep copies of any documentation showing your purchase and use of JUUL e-cigarettes
• Register to receive updates on the JUUL e-cigarette case by filling out the form on its site

We reached out to JUUL Labs for a statement and will update the post if they respond.

The federal government has implemented regulations on vape products to protect young people from nicotine addiction and tobacco use, while allowing adults to access products as a less harmful alternative to smoking.

This includes strict labelling, packaging and promotion regulations in addition to laws around nicotine concentration.

Last year, British Columbia unveiled proposed laws that would help hold manufacturers of vaping products, as well as wholesalers, accountable for “deceptive practices that prioritize profit over people.”