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Democratic senators question Juul about its Altria deal

Eleven democratic senators, led by Sen. Dick Durbin (D-IL), have penned a letter to Juul Labs, asking a series of questions around the product’s marketing, its effectiveness as a tool to help people quit smoking combustible cigarettes, sales figures and, perhaps most importantly, more information on the deal that gave Altria a minority stake in Juul Labs.

“The corporate marriage between two companies that have been the most prolific at marketing highly addictive nicotine products to children is alarming from a public health standpoint and demonstrates, yet again, that JUUL is more interested in padding its profit margins than protecting our nation’s children,” writes Sen. Durbin in the letter.

Questions in the letter include records around advertising and marketing spend for Juul products, as well as any changes that might have been made to Juul’s Youth Prevention Plan following the deal with Altria.

In late 2018, Juul announced it had sold a 35 percent minority stake of the company to Altria Group, makers of Marlboro cigarettes, for $12.8 billion. The company said that a partnership with Altria would help Juul market and distribute to currently addicted adult cigarette smokers.

In the letter, the senators cite the American Heart Association, which called the Altria/Juul deal “a match made in tobacco heaven.” Juul was already in hot water over its product’s popularity among young people, so it’s only expected that a partnership with traditional Big Tobacco would further fuel concerns among critics.

More from the letter:

JUUL’s decision to team up with Altria, the parent company of Philip Morris USA, is also bad news for children considering that Altria has a long and sordid history of spending billions to entice children to smoke through targeted campaigns that intentionally lied about the science and health effects from cigarettes. And their efforts have clearly paid off. According to the CDC, Altria’s Marlboro cigarette continues to be the most popular cigarette brand among children in the United States, with 48.8 percent of high school smokers preferring Marlboro cigarettes. Further, the proportion of high school smokers who smoked Marlboro cigarettes increased dramatically between 2012 and 2016, by a whopping 27 percent. While JUUL has promised to address youth vaping through its modest voluntary efforts, by accepting $12.8 billion from Altria—a tobacco giant with such a disturbing record of deceptive marketing to hook children onto cigarettes—JUUL has lost what little remaining credibility the company had when it claimed to care about the public health.

A Juul Labs spokesperson had this to say in response to the letter:

We welcome the opportunity to share information regarding JUUL Labs’ commitment to curbing underage use of our products while fulfilling our mission to eliminate combustible cigarettes, the number one cause of preventable death in our country. We agree that companies such as ours must step up with meaningful measures to limit access and appeal of vapor products to young people. That’s exactly what we’ve done, and we will do more to combat teen use to save the harm-reduction opportunity for the 34 million adult smokers in the United States. Don’t take our word for it — look at our actions. As part of our action plan deployed in November 2018 to keep JUUL products out of the hands of youth, we stopped the sale of certain flavored JUULpods to traditional retail stores, strengthened our retail compliance and secret shopper program, enhanced our online age-verification, exited our Facebook and Instagram accounts and are continuously working to remove inappropriate third-party social media content. We support the FDA’s draft guidance restricting the sale of certain flavored products, including JUULpods, at retail outlets and online, and will continue to work with FDA, Congress, state Attorneys General, local municipalities, and community organizations as a transparent and responsible partner in combating underage use.

U.S. Senators Patty Murray (D-WA), Ron Wyden (D-OR), Sherrod Brown (D-OH), Richard Blumenthal (D-CT), Jack Reed (D-RI), Elizabeth Warren (D-MA), Tom Udall (D-NM), Ed Markey (D-MA), Jeff Merkley (D-OR) and Chris Van Hollen (D-MD) joined Sen. Durbin in sending the letter. It comes just a month after the FDA proposed further regulations to the sale of flavored e-cig products.

Juul has until April 25 to provide answers and information in response to the letter.

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Juul Labs hires former Apple employee to lead the fight against counterfeits

Juul Labs, the e-cig company under fire for its product’s popularity with young people, has brought on a new VP of Intellectual Property Protection with Adrian Punderson, formerly of PwC and Apple.

Punderson’s job is all about working alongside government agencies, as well as Juul Labs Intellectual Property VP Wayne Sobon, to combat the sale of counterfeit and infringing products. These can range from copycat vapes and pods that are actually marketed as Juul products all the way to products that are designed specifically to be Juul compatible without using the trademark.

These counterfeit and infringing products pose a serious threat to the company. Of course, no business wants its products infringed or its market share stolen.

With Juul, however, it’s far more complicated. Juul Labs is currently under heavy FDA scrutiny over the popularity of its products with minors.

“As you start to enforce generally on the sale of these types of products to youth, oftentimes they are going to look for another seller or distribution point of this product,” said Punderson. “The challenge is that oftentimes they’re going to platforms or places for this and you have no idea what the origin of the product is. A lot of it is counterfeit. So they get something they believe is Juul only to find out they have a counterfeit device or pod.”

He went on to say that, for Juul, a top priority is identifying counterfeit sellers and quickly putting that information into the hands of law enforcement. To the extent that they can’t take action, said Punderson, Juul will take civil action.

Part of the concern is that there is zero transparency into what ingredients are being used in infringing products, whereas Juul’s recipe at least meets the legal requirements for disclosure as it seeks full FDA approval.

Juul doesn’t currently have data around the scale of infringing products on the market, but counterfeit Juul products may inaccurately increase sales figures, intensifying scrutiny from the FDA.

Juul has already taken legal action against many infringing manufacturers and distributors, but Punderson aims to take Juul’s efforts against infringing products to a new level.

He sees the issue as threefold: Juul Labs must work to stop these products from being manufactured in the first place, ensure they aren’t allowed across borders into the country and take action against retailers who sell infringing products and remove them from the market.

“This isn’t a problem where there is only a production problem but there isn’t really a distribution or consumption problem,” said Punderson. “We don’t have the luxury of looking at the problem singly-faceted. From a global perspective, we want to stop the production and distribution of infringing products around the world, and we’ll work closely with government agencies attempting to stop illicit distribution of goods.”

Punderson previously served as managing director of IP Protection at PriceWaterhouse Coopers, VP of Global Anti-Counterfeiting/Anti-Diversion at Oakley and worked at Apple on the Intellectual Property Enforcement team.

Juul is currently viewed by many as a Facebook-ified, 2018 version of Marlboro. Notably, Juul Labs recently closed a $12.8 billion investment from Altria Group, the makers of Marlboro cigarettes. When asked why he chose to work for Juul, Punderson said his initial reaction was no. But after he did some research around the mission of the company, and thought of his own personal experience losing his father to emphysema, he came around quickly.

“I would do anything to get two or three more years with my dad, who was a lifelong smoker,” said Punderson. “[…] We’re trying to do good things here, move people away from tobacco and give them an alternative. To me, it’s a valuable, noble cause that’s worth being involved in and I’m proud to be here.”

It remains to be seen just how big of an issue infringing products are for Juul and other above-board e-cig makers, but Juul is ramping up its efforts to combat copycats from getting into the hands of consumers.

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The 10 largest US venture rounds of 2018

Three U.S. companies raised more than $1 billion in just one funding round in 2018, a year in which total deal value for U.S. startups is expected to surpass $100 billion for the first time.

For the most part, it was the usual suspects, and yes, SoftBank was an accessory in many of these rounds. Here’s a look at the 10 largest venture rounds of 2018.

Epic Games: $1.25 billion

The video game Fortnite Battle Royale was the star of the year 2018; more than 200 million players worldwide are registered online. (Photo Illustration by Chesnot/Getty Images)

Given the absolute phenomenon Fortnite became in just one year from its original release, it was no surprise private investors wanted to put money into Epic Games, the company behind it. In October, Epic Games announced a whopping $1.25 billion round at $15 billion valuation from KKR, Iconiq Capital, Smash Ventures, Vulcan Capital, Kleiner Perkins and Lightspeed Venture Partners to continue growing its Fortnite empire. That game alone is expected to bring in $2 billion in revenue in 2018 and reports 200 million registered players — not too shabby.

Cary, N.C.-based Epic Games’ monstrous fundraise was a standout in a year when funding for gaming and esports startups really took off. According to Crunchbase, global venture investment in the industry increased nearly 75 percent, to $701 million in the first half of 2018. Given Epic’s round, Discord’s $150 million infusion of capital this week and several others since June, the second half of 2018 undoubtedly set major records in the space.

Uber: $1.2 billion

Travis Kalanick, co-founder and former chief executive officer of Uber Technologies Inc., speaks during the TiE Global Entrepreneurs Summit in New Delhi, India, on Friday, December 16, 2016. Kalanick said the company will introduce Uber Moto across India. Photographer: Udit Kulshrestha/Bloomberg via Getty Images

One of the largest rounds of 2018 was also one of the first big financings of the year. To be fair, the negotiations behind Uber’s $1.2 billion SoftBank investment and much of the press coverage surrounding it came in 2017, but the deal officially closed in January. This deal was monumental for many reasons. First of all, it made Uber founder and former chief executive officer Travis Kalanick a billionaire — not just on paper — and it cemented SoftBank’s position as the ride-hailing giant’s largest shareholder.

The financing brought San Francisco-based Uber’s total raised to date to just over $20 billion at a valuation said to be around $72 billion. Of course, Uber has since privately filed for an initial public offering slated for the first quarter of 2019.

Juul Labs: $1.2 billion

Juul Labs, the maker of the popular e-cigarette brand that has recently come under fire from health officials over its popularity with young adults, plans to introduce a line of lower-nicotine pods. Photographer: Gabby Jones/Bloomberg via Getty Images

Juul, one of the buzziest companies of 2018, raised $1.2 billion from private investors Tiger Global, Fidelity and more in mid-2018. Then, this month, the developer of e-cigarettes popular among teenagers accepted a $12.8 billion investment from the makers of Marlboro that valued it at $38 billion. Not only has Juul created significant controversy surrounding the ethics, or lack thereof, of its core product and its marketing to the younger generation in a short time, but it has also accumulated value at a clip rarely seen before. Juul, for context, surpassed a $10 billion valuation just seven months after its first round of VC backing — that’s four times faster than Facebook.

2019 is poised to be an interesting year for San Francisco-based Juul as it navigates public scrutiny, regulations and the completion of its partnership with Altria Group, which, according to Juul’s CEO Kevin Burns, will “help accelerate [Juul’s] success switching adult smokers.”

Magic Leap: $963M

Magic Leap’s flagship product, the Magic Leap One AR headset, began shipping to consumers this year.

It wouldn’t be an end of the year round-up of the largest VC deals without any mention of Magic Leap, the extremely well-funded virtual reality company. Tucked away in Plantation, Fla., 8-year-old Magic Leap has closed round after round, raising more than $2 billion to develop its hardware and software. The key investors in this year’s big round, which valued the company at $6.3 billion, were Temasek and AT&T, which announced it would become the exclusive “wireless distributor” of Magic Leap products in the U.S. starting this summer. Magic Leap is also backed by Google, Alibaba and Axel Springer.

Not only did Magic Leap land one of the largest VC deals this year, but it also finally began shipping to consumers its flagship product, the Magic Leap One AR headset. That was a long time coming — years, in fact. So long, many doubted whether the buzzy headsets would ever see the light of day. Now, the headsets are available to buyers in 48 states, though it’s worth mentioning they cost more than two grand.

Instacart: $600M

Founder and CEO of Instacart Apoorva Mehta and moderator Megan Rose Dickey speak onstage during TechCrunch Disrupt SF 2016 at Pier 48 on September 14, 2016 in San Francisco, California. (Photo by Steve Jennings/Getty Images for TechCrunch)

Instacart has a lofty goal of delivering groceries to every household in the U.S., and it needs a lot of cash to get there. The company has raised VC every year since it completed the Y Combinator startup accelerator in 2012, and 2018 was no different. In October, the service brought in $600 million at a $7.6 billion valuation in a round led by D1 Capital Partners. Headquartered in San Francisco, the company has raised $1.6 billion to date from Coatue Management, Thrive Capital, Canaan Partners, Andreessen Horowitz and several others.

Instacart CEO Apoorva Mehta told TechCrunch at the time that the startup didn’t really need the capital and that this was more of an “opportunistic” battle. The market is hot, after all, and Instacart has ambitious plans to scale and it has a fierce competitor in Amazon to take on. As for an IPO, Mehta said “it will be on the horizon.”

Katerra: $865M

SoftBank-backed Katerra says it’s brought in more than $1.3 billion in bookings for new construction ranging from residential to hospitality and student housing.

One of SoftBank’s first major bets of 2018 was on construction technology, with an $865 million investment in Katerra at a $3 billion valuation out of its Vision Fund. Katerra, a tech startup based out of Menlo Park, develops, designs and constructs buildings. At the time of its January fundraise, Katerra told TechCrunch it had brought in more than $1.3 billion in bookings for new construction ranging from residential to hospitality and student housing. Founded in 2015 by three former private equity barons, the company has raised a total of $1.1 billion to date from SoftBank, Foxconn, Greenoaks Capital and others.

In June, Katerra announced it would merge with KEF Infra, an offsite manufacturing technology specialist, and would begin operating in India and the Middle East markets.

Opendoor: $725M

Yet another SoftBank investment, San Francisco-based Opendoor is also backed by Fifth Wall Ventures, GV, Andreessen Horowitz and more.

Opendoor’s two big SoftBank-backed investments this year totaled $725 million, valuing the company at $2.5 billion. The deal gave SoftBank a minority stake in Opendoor, an online real estate marketplace, and put one of its five managing directors, Jeff Housenbold, on the company’s board of directors. The round brought Opendoor’s total funding to slightly more than $1 billion — most of which it acquired in 2018, a major year for the company. Founded in 2014, the San Francisco-based startup is also backed by Fifth Wall Ventures, GV, Andreessen Horowitz and more.

According to TechCrunch’s Connie Loizos, Housenbold had hoped to work with Opendoor co-founder and CEO Eric Wu for some time. “The minute he joined [SoftBank] he reached out to me and let me know … saying if there was an opportunity to work together, to reach out to him,” Wu said.

Lyft: $600M

Uber competitor Lyft expanded aggressively in 2018, raised hundreds of millions in additional venture capital funding, and filed confidentially to go public.

Lyft managed to stay quite busy this year. Not only did the ridesharing company raise a $600 million round at a $15.1 billion valuation, it also acquired bike-share operator Motivate and filed confidentially to go public. Founded in 2012 by Logan Green and John Zimmer, the company has long competed with Uber, and will continue to do so as the pair race to the public markets in early-2019. Lyft, much smaller than Uber and only active in the U.S. and Canada, has raised nearly $5 billion in venture backing from KKR, Mayfield, Didi Chuxing, Floodgate and others.

San Francisco-based Lyft has spent much of the last two years expanding rapidly across the U.S. market, as well as pursuing its autonomous vehicle ambitions.

Automation Anywhere: $550M

Automation Anywhere raised a monstrous $550 million Series A in 2018, with support from the SoftBank Vision Fund.

The only surprise to make this list is Automation Anywhere, a 15-year-old provider of robotic process automation. The company raised a total of $550 million in Series A funding, a large chunk of which came from the SoftBank Vision Fund, as well as NEA, General Atlantic and Goldman Sachs. The round valued Automation Anywhere at $2.6 billion. According to PitchBook, this was the first round of institutional backing for the San Jose, Calif.-based company.

In a conversation with TechCrunch, Automation Anywhere CEO Mihir Shukla said they were attracted to SoftBank because of Masayoshi So — the CEO and founder of SoftBank: “[He} has a vision and he is investing in foundational platforms that will change how we work and travel. We share that vision.”

Peloton: $500M

SAN FRANCISCO, CA – SEPTEMBER 06: Peloton Co-Founder/CEO John Foley speaks onstage during Day 2 of TechCrunch Disrupt SF 2018 at Moscone Center on September 6, 2018 in San Francisco, California. (Photo by Kimberly White/Getty Images for TechCrunch)

Peloton’s growth exploded in 2018 as it launched its $4,000 treadmill, doubled down on original fitness streaming content and raised an additional $500 million in equity funding at a $5 billion valuation. The New York-based startup, often referred to as the “Netflix of fitness,” has raised nearly $1 billion in venture capital funding in the six years since it was founded by John Foley. It’s backed by  L Catterton, True Ventures, Tiger Global and others.

It’s likely Peloton will take the public markets plunge in 2019 much like Uber and Lyft. Foley earlier this year told The Wall Street Journal that though he doesn’t have any concrete plans, 2019 “makes a lot of sense” for its stock market debut.

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Juul Labs gets $12.8 billion investment from Marlboro maker Altria Group

After a long year fighting underage use of its products, Juul Labs has today struck a deal with Altria Group, the owners of Philip Morris USA and makers of Marlboro cigarettes.

The deal values Juul at $38 billion, according to Bloomberg, and injects the company with a fresh $12.8 billion in exchange for a 35 percent stake in Juul Labs.

Here’s what Juul Labs CEO Kevin Burns had to say in a prepared statement:

We understand the controversy and skepticism that comes with an affiliation and partnership with the largest tobacco company in the US. We were skeptical as well. But over the course of the last several months we were convinced by actions, not words, that in fact this partnership could help accelerate our success switching adult smokers. We understand the doubt. We doubted as well.

He goes on to explain the strict criteria Juul Labs had for a potential investor, particularly one from the Big Tobacco space. For one, Altria entered into a standstill agreement that limits to 35 percent the company’s ownership in Juul. Altria also must use its database and its distribution network to get out to current smokers the message of Juul.

For the past year, many have seen Juul as a dangerous toy for teenagers. In November, FDA Commissioner Scott Gottlieb announced new measures for the e-cig industry meant to keep the products out of the hands of teens. One of those measures includes restricting the sale of flavored non-combustible tobacco products beyond the usual cigarette flavors of tobacco and menthol.

But after nearly a year of playing defense, this new deal marks a bit of an offensive push from Juul Labs. The company has always stressed that its main goal is to give smokers a meaningful alternative to combustible cigarettes. Partnering with Big Tobacco may not seem like the best way to do that, optically speaking. But Altria has agreed to a few measures that would get into the hands of actual smokers information about Juul, including:

  • providing Juul with access to its retail shelf space, meaning that Juul’s tobacco and menthol products will be merchandized right alongside Altria combustible cigarettes
  • Altria will include direct communications about Juul to adult smokers through cigarette pack inserts and mailings via Altria companies’ databases
  • Altria will support Juul via its logistics and distribution networks, as well as its sales team, which works with more than 230,000 retail locations

In the release, Altria said that part of the reason for the investment is simply that the organization understands change is coming to the tobacco industry.

Howard Willard, Altria’s chairman and chief executive officer, had this to say in a prepared statement:

We are taking significant action to prepare for a future where adult smokers overwhelmingly choose non-combustible products over cigarettes by investing $12.8 billion in JUUL, a world leader in switching adult smokers. We have long said that providing adult smokers with superior, satisfying products with the potential to reduce harm is the best way to achieve tobacco harm reduction. Through JUUL, we are making the biggest investment in our history to achieve that goal. We strongly believe that working with JUUL to accelerate its mission will have long-term benefits for adult smokers and our shareholders.

Altria has made a few big moves lately, including acquiring a 45 percent stake in cannabis company Cronos earlier this month. The company also announced this month that it would discontinue its own e-cig products, including all MarkTen and Green Smoke e-vapor products, and VERVE oral nicotine products.

“This decision is based upon the current and expected financial performance of these products, coupled with regulatory restrictions that burden Altria’s ability to quickly improve these products,” read the press release. “The company will refocus its resources on more compelling reduced-risk tobacco product opportunities.”

Now we know that those opportunities look like an extra-long thumb drive called Juul.

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What the FDA’s restriction of e-cig flavors means for Juul

FDA Commissioner Scott Gottlieb has revealed his plans to combat underage use of e-cigs and nicotine, which has grown 78 percent among high school students from 2017 to 2018.

The commissioner today announced a plan that would remove all flavored electronic nicotine delivery system products — with the exception of tobacco, mint, menthol or non-flavored products — from any store where children under the age of 18 can see them.

So what does this mean for Juul, a company that reached a $10 billion valuation 4x faster than Facebook and currently owns more than 70 percent of the e-cig market?

One result is that Juul Labs is likely now just as desperate for minors to quit vaping as the FDA. The commissioner has made it abundantly clear that if he doesn’t see a significant decrease in underage use, he’s willing to pull the plug on the e-cig industry.

“I could take more aggressive steps,” Gottlieb said in a written statement. “I could propose eliminating any application enforcement discretion to any currently marketed ENDS product, which would result in the removal of ALL such products from the marketplace. At this time, I am not proposing this route, as I don’t want to foreclose opportunities for currently addicted adult smokers. But make no mistake. If the policy changes that we have outlined don’t reverse this epidemic, and if the manufacturers don’t do their part to help advance this cause, I’ll explore additional actions.”

Yes, it seems remarkable that we may live in a world where cigarettes, the country’s leading cause of preventable death, are available at grocery stores but e-cigarettes, which are said to be 95 percent less dangerous, are illegal.

y’all really got mango juul pods banned before AR15s

💙☠ (@souljaguac) November 14, 2018

But that’s exactly what might happen if the government, e-cig manufacturers and consumers don’t work together to end underage use of nicotine.

Though some critics would argue otherwise, Juul has maintained that it never intended to sell to minors. Which doesn’t change the fact that the company’s revenue is largely dependent on the nicotine addicted as a category.

The American economy was essentially created upon the back of Big Tobacco. And 50 years ago, the industry got away with marketing to young people and creating several generations of addicted adults to what may have been the most successful consumer product ever. To say that it was lucrative would be an understatement. It still is.

Fiscally, would Juul enjoy being the next Philip Morris? Undoubtedly. But it would rather be the next Nicoderm CQ or Nicorette than be illegal. Hell yes! Right now, the company is still hanging in there. But the only way to prevent the company from being officially banned in the U.S. is to find a way to get kids to stop vaping.

For this reason, Juul Labs is going a few steps further than the FDA’s new policy. Not only is the company removing non-tobacco flavors from convenience stores or other stores where people under 18 can shop, but it’s also removing all non-tobacco flavors from vape shops and age-restricted specialty stores. From here on out, the only place to buy Cucumber, Creme, Fruit and Mango (the most popular flavor) Juul pods is on the Juul website.

The company will also increase its secret shopper program from 500 visits/month to 2,000 visits/month at the more than 90,000 stores where Juul products are sold.

Juul’s plan, announced Tuesday, also includes removing the company’s Instagram and Facebook channels, and limiting its Twitter account to non-promotional information.

Alongside cracking down on flavored ENDS products, Gottlieb is also looking into banning from the market combustible menthol cigarettes and all flavored cigars. Mint and menthol ENDS products could also be on the chopping block.

“I’m deeply concerned about the availability of menthol-flavored cigarettes,” said Gottlieb in a written statement. “I believe these menthol-flavored products represent one of the most common and pernicious routes by which kids initiate on combustible cigarettes.”

Not only does the masking effect of menthol make combustible menthol cigarettes more attractive to youth, but Gottlieb went on to say that “they exacerbate troubling disparities in health related to race and socioeconomic status” and “disproportionately and adversely affect underserved communities.”

For these reasons, the FDA is taking a hard stance on menthol combustible cigarettes and flavored cigars, a move that will surely mobilize big tobacco in yet another battle in their decades-long war against regulators. Until restrictions can be enforced on these combustible products, however, the FDA is allowing menthol and mint-flavored ENDS products to be sold in convenience stores as well as vape shops.

But Gottlieb will be keeping a close watch on it:

“I’m also aware that there are potentially important distinctions even between mint- and menthol-flavored e-cigarette products,” he wrote. “I’m particularly concerned about mint-flavored products, based on evidence showing its relative popularity, compared to menthol, among kids. So, I want to be clear that, in light of these concerns, if evidence shows that kids’ use of mint or menthol e-cigarettes isn’t declining, I’ll revisit this aspect of the current compliance policy.”

In response to the FDA’s announced plan, a Juul Labs spokesperson had this to say:

Commissioner Gottlieb has made it clear that “preventing youth initiation on nicotine is a paramount imperative.” As we said earlier in the week, the numbers tell us underage use of e-cigarette products is a problem that requires immediate action. That is why we implemented our action plan. We are committed to working with FDA, state Attorneys General, local municipalities, and community organizations as a transparent and responsible partner in this effort.

The FDA statement, which is more than 4,000 words, thoroughly explains that the agency is trying to strike a balance between ensuring adult smokers have an alternative through ENDS and protecting a generation of young people from becoming addicted to nicotine.

In light of the FDA’s opposition to menthol, Gottlieb addresses the distinction between allowing menthol/mint and tobacco-flavored ENDS into convenience stores opposed to other flavors:

This distinction among flavors seeks to maintain access for adult users of these products, including adults who live in rural areas and may not have access to an age-restricted location, while evidence of their impacts continues to develop. It also recognizes that combustible cigarettes are currently available in menthol in retail locations that are not age-restricted. This approach is informed by the potential public health benefit for adult cigarette smokers who may use these ENDS products as part of a transition away from smoking.

As far as online sales go, the FDA is looking to ensure that all flavored ENDS products sold online go through a rigorous age-verification process.

Gottlieb also addressed the potential for new products to reverse the growth of underage ENDS use, and said that the agency would work to make the application review process more efficient.

“In the coming months, CTP plans to issue additional policies and procedures to further make sure that the process for reviewing these applications is efficient, science-based and transparent,” said Gottlieb. “We’ll also explore how to create a process to accelerate the development and review of products with features that can make it far less likely that kids can access an e-cigarette.”

Juul Labs has briefly discussed its vision for a next-generation e-cig, which the company has been working on for a year. The device would incorporate Bluetooth, letting users monitor and control their nicotine intake. However, Bluetooth might also allow for geofencing to prevent kids from using the product at school, as well as a smartphone-based lock that would only allow the Juul to be used by someone who has verified they’re over 21.

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Juul tightens up social media to focus on former smokers switching to e-cigs

Juul Labs, the company behind the ever-popular Juul e-cig, has today announced a new policy around social media.

This comes in the midst of Juul’s effort to get FDA approval, which has been made more arduous by the fact that the FDA has cracked down on Juul after learning how popular the device is with underage users.

As part of the new policy, Juul will no longer feature models in pictures posted on Instagram, Twitter, or Facebook. FWIW, Juul doesn’t even have a Snapchat. Instead of using models to market the e-cig, Juul Labs will now use real former smokers who switched from combustible cigarette to Juul.

Juul has always said that its product was meant to serve as an alternative to combustible cigarettes, which are considered far more harmful to your health.

Juul has also initiated an internal team focused on flagging and reporting social media content that is inappropriate or targeted to underage users.

The company mentioned that it has worked to report and remove more than 10,000 illegal online sales since February from various online marketplaces.

We reached out to Juul to see if any changes have been made to the way that Juul targets ads on social media and elsewhere. We’ll update the post if/when we hear back.

Here’s what Juul Labs CEO Kevin Burns had to say in a prepared statement:

While JUUL already has a strict marketing code, we want to take it one step further by implementing an industry-leading policy eliminating all social media posts featuring models and instead focus our social media on sharing stories about adult smokers who have successfully switched to JUUL. We also are having success in proactively working with social media platforms to remove posts, pages and unauthorized offers to sell product targeted at underage accounts. We believe we can both serve the 38 million smokers in the U.S. and work together to combat underage use – these are not mutually exclusive missions.

In April, the FDA sent a request for information to Juul Labs as part of a new Youth Tobacco Prevention Plan, which is aimed at keeping tobacco products of any kind out of the hands of minors. The information request was meant to help the FDA understand why teens are so interested in e-cigs (particularly Juul) and whether or not Juul Labs was marketing the product intentionally to minors.

In response, Juul announced a new strategy to combat underage use, with an investment of $30 million over the next three years going towards independent research, youth and parent education and community engagement efforts.

Since August 2017, Juul has required that people be 21+ to purchase products on its own website, but online and offline third-party retailers have not been so diligent.

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