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With cinnamon, fruit and mint-flavored nicotine gum, is LA’s Lucy Goods the next Juul?
David Renteln, the Los Angeles-based co-founder of Soylent and the co-founder and chief executive of new nicotine gum manufacturer Lucy Goods, thinks there should be a better-tasting, less-medicinal offering for people looking to quit smoking.
That’s why he founded Lucy Goods, and that’s why investors, including RRE Ventures, Vice Ventures and FundRX joined previous investors YCombinator and Greycroft in backing the company with $10 million in new funding.
“We reformulated nicotine gum and the improvements that we made were to the taste, the texture and the nicotine release speed,” said Renteln.
These days, any startup that’s working on smoking cessation or working with tobacco products can’t avoid comparisons to Juul — the multi-billion-dollar startup that’s at the center of the surge in teen nicotine consumption.
“The Juul comparison is something that’s obviously top of people’s minds,” Renteln said. “It’s important to note that there’s a huge difference in nicotine products.”
Renteln points to statements from former Food and Drug Administration chief, Scott Gottlieb (who’s now a partner at the venture firm New Enterprise Associates), which drew a distinction between combustible tobacco products on one end and nicotine gums and patches on the other.
“Nicotine isn’t the principle agent of harm associated with these tobacco products,” said Rentlen. “It’s addictive but not inherently bad for you.”
Lucy Goods also doesn’t release its nicotine dosage in a concentrated burst like vapes, which are designed to replicate the head rush associated with smoking a cigarette, said Renteln.
“It is a stimulant and they will get a sensation, but it’s not as intense as taking a very deep drag of a cigarette,” Renteln said.
The company’s website also doesn’t skew to young, lifestyle marketing images. Instead, there are testimonials from older, ex-smokers hawking the Lucy gum.
“I don’t want anyone underage using any nicotine product or any drug in general… [and] the flavors have been around for a long time.”
Joining Renteln in the quest to create a better nicotine gum is Samy Hamdouche, a former business development executive at several Southern California biotech startups and the previous vice president of research at Soylent.
For both men, the idea is to get a new product to market that can help people quit smoking — without a social stigma — Renteln said.
“Smoking is the leading cause of preventable death in the United States claiming over 480,000 lives every year and costing the U.S. an estimated $300 billion in direct health costs and lost productivity. Lucy is committed to bringing innovative nicotine products to the market to eliminate tobacco related harm and we’re proud to be part of their journey,” said RRE investor, Jason Black in a statement.
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As Juul announces mass layoffs, a new lawsuit alleges it shipped a million contaminated pods
A lawsuit filed a by former Juul executive alleges that the company knew a batch of contaminated e-liquid had been used in about one million pods shipped to retailers earlier this year, but did not inform customers. The lawsuit, first reported by BuzzFeed, was brought by Siddharth Breja, former senior vice president of global finance at Juul from May 2018 to March 2019, who alleges he was fired after complaining about the contaminated pods.
News of the lawsuit comes the same day as Juul’s announcement it will lay off about 500 people, or 10% to 15% of its workforce, and the departure of four executives, including chief financial officer Tim Danaher. Juul is currently under scrutiny by the Food and Drug Administration, which claims the startup made misleading statements about its product and targeting of teens.
In the lawsuit, Breja claims that during a meeting on March 12, he learned a contaminated batch of mint e-liquid was used to make 250,000 refill kits, or a total of one million pods, that had already been shipped to retailers.
Breja alleges that when he complained about Juul’s refusal to issue a product recall or health and safety notice, Danaher said doing so would cost the company billions of dollars in lost sales, hurting its then-$38 billion valuation. About a week later, Breja says the company fired him, telling him that it was because he had misrepresented himself as former chief financial officer at Uber. In the lawsuit, Breja says the claim was “preposterous,” and that he had accurately represented his former position as a chief financial officer of a division at Uber.
In the lawsuit, Breja also claims that Juul wanted to sell pods that were almost a year old and when he asked the company to include an expiration or best by date, or a date of manufacture on the packaging, he was told by former CEO Kevin Burns that “half our customers are drunk and vaping like mo-fos, who the fuck is going to notice the quality of our pods?”
In an email, a Juul spokesperson said “Mr. Breja’s claims are baseless. He was terminated in March 2019 because he failed to demonstrate the leadership qualities needed in his role. The allegations concerning safety issues with Juul products are equally meritless, and we already investigated the underlying manufacturing issue and determined the product met all applicable specifications. The company will vigorously defend this lawsuit.”
TechCrunch has contacted for comment the law firm representing Breja. In a statement to BuzzFeed, Breja’s attorney Harmeet Dhillon said “Mr. Breja became aware of very concerning actions at the company, and he performed his duty to shareholders and to the board by reporting these issues internally. In exchange for doing that, he was inappropriately terminated. This is very concerning, particularly since some of the issues he raised concerned matters of public safety.”
Burns was replaced in September by K.C. Crosthwaite, a former executive at Juul’s largest shareholder Altria . A replacement for Danaher has not been announced yet.
Updated with statement from Juul.
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Startups Weekly: The scooter cash desert
Hello and welcome back to Startups Weekly, a newsletter published every Saturday that dives into the week’s noteworthy venture capital deals, funds and trends. Before I dive into this week’s topic, let’s catch up a bit. Last week, I noted my key takeaways from Recode + Vox’s Code Conference. Before that, I explored the bull versus bear arguments in regards to Peloton’s upcoming IPO.
Remember, you can send me tips, suggestions and feedback to kate.clark@techcrunch.com or on Twitter @KateClarkTweets. If you don’t subscribe to Startups Weekly yet, you can do that here. 
Now, for some quick thoughts on what I’ll call the scooter funding desert. For months, electric scooter businesses were securing large rounds at even larger valuations. So much so that the venture capital funding extravaganza in e-scooters defined Silicon Valley in 2018.
But it’s 2019, and times have changed. In an effort to keep myself from falling into a scooter rabbit hole, I’ll just say this: raising capital is no longer a piece of cake for scooter companies. E-scooter companies have matured some and investors are more aware of the steep costs of building and scaling these hardware-heavy businesses.
Scoot, which recently sold to Bird, was unable to raise additional capital making an exit to Bird its only viable option, sources tell TechCrunch. Bird paid less than $25 million for Scoot, a significant decrease from Scoot’s most recent private valuation of $71 million.
A recent report from The Information suggests both Lime and Bird, the leaders in the U.S., may run out of cash if they don’t raise again soon. “Lime has raised a total of more than $1 billion in the last two years, and over the past eight months it has shuffled its executive team and put a deeper focus on how to squeeze more money out of each scooter ride. The company ran through its cash quickly last year, including a $23 million loss in one month, before raising $310 million mostly from existing investors in February,” The Information’s Cory Weinberg wrote.
Bird, for its part, is running on less than $100 million and is expected to raise again this summer.
Bird may be in a better position to secure fresh funds. The company enters VC deal talks hot off the heels of its acquisition of Scoot, which gives it access to San Francisco, a coveted market in the scooter universe. Lime, for its part, is said to be struggling. The company enters deal talks amid a number of personnel shake-ups. Multiple policy leaders at the business, including chief programs officer Scott Kubly, recently stepped down, as did Lime co-founder and CEO Toby Sun.
I’d wager that both Bird and Lime will announce mega rounds in the next few months, but at much smaller valuation step-ups than we’ve seen in the past, perhaps even at a flat valuation. It’s worth noting, however, that e-scooters are still exploding around the world. India’s Bounce, for example, closed on $72 million this week to scale its scooter rental business.
On to other news…
Slack’s big listing: It happened. Slack became a public company this week after completing a direct listing. The workplace communication software juggernaut debuted on the New York Stock Exchange up 48% Thursday, at $38.50 per share, after reports emerged Wednesday night that the business had agreed to a reference price of $26 per share. Slack, founded in 2009 as Tiny Speck, closed up 48.5% Thursday at $38.62 per share. The stock had climbed as high as $42 in intraday trading. Slack’s market cap now sits well above $20 billion, or nearly three times its most recent private valuation of $7 billion.
My inbox is full to the brim with unsolicited commentary on Slack’s direct listing. I’ll share some of the highlights.
— Kate Clark (@KateClarkTweets) June 19, 2019
Facebook’s new cryptocurrency: Explained
I know, I know, Facebook isn’t a startup, but Facebook’s attempts to create a new global financial system are worth learning about. TechCrunch’s Josh Constine wrote 4,000 words to help you understand the ins and outs of the new cryptocurrency, called Libra, which will let you buy things or send money to people with nearly zero fees.
The future of diversity and inclusion in tech
Here’s my must-read of the week. TechCrunch’s Megan Rose Dickey wrote what is perhaps the most comprehensive story on the state of D&I in tech today. She interviewed many leaders in the space, including Arlan Hamilton, Ellen Pao, Freada Kapor Klein and more, to provide a realistic rundown of the progress we’ve made in making the tech industry more inclusive — and what’s left to accomplish.
Is seed investing still a local business?
According to CB Insights, the number of seed-stage funding deals in the U.S. declined for the fourth straight year in 2018, continuing a trend that has seen the number of deals steadily drop, while the average size of deals increased. It’s safe to say this is the new normal. Yet, there continues to be a huge surplus of available capital and there are more funds out there than ever before. Here are three things entrepreneurs must remember when investors come calling from abroad.
Meero raises $230M for its on-demand photo business
Postman raises $50M to grow its API development platform
Navigator, the new project from the creators of Mailbox, launches with $12M
Nigerian motorcycle transit startup MAX.ng raises $7M
Humanising Autonomy pulls in $5M to help self-driving cars keep an eye on pedestrians
Armoire gets $4M to become the everyday Rent the Runway
Probably Genetic lands VC backing to launch D2C genetic testing business
San Francisco is getting closer to banning the sale of e-cigarettes in the city in a bid to prevent minors from accessing them. The city’s Board of Supervisors voted unanimously this week to approve two proposals: legislation that would ban the sale or delivery of e-cigarettes in San Francisco and a separate proposal that would prohibit the sale, manufacturing and distribution of tobacco products, including e-cigarettes, on property owned or managed by the city. It seems designed to take aim at Juul, since the company’s headquarters are in city-owned buildings at San Francisco’s Pier 70. Juul has already started lobbying to stop the ban.
If you’ve been unsure whether to sign up for TechCrunch’s awesome new subscription service, now is the time. Through next Friday, it’s only $2 a month for two months. Seems like a no-brainer. Sign up here. Here are some of my personal favorite EC pieces of the week:
- Startup founders need to decide how much salary is enough by Ron Miller
- You won the H-1B lottery: Don’t lose your ticket when changing jobs by Xiao Wang and Anjana Prasad
- How to negotiate term sheets with strategic investors by Alex Gold
- A chat with Niantic CEO John Hanke about the launch of Harry Potter: Wizards Unite by Greg Kumparak
The VCs behind Libra, Facebook’s new cryptocurrency
If you enjoy this newsletter, be sure to check out TechCrunch’s venture-focused podcast, Equity. In this week’s episode, available here, TechCrunch editor Danny Crichton and I discuss Facebook’s cryptocurrency, the scooter funding desert and more. You can subscribe to Equity here or wherever else you listen to podcasts.
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The FDA proposes further restrictions to sales of flavored e-cig products
The FDA has drafted new guidance for the regulation of e-cigarettes, particularly with regards to flavored nicotine products.
The first big change is that the FDA has bumped up the application due date by one year for FDA approval of flavored products. Manufacturers of all flavored ENDS (electronic nicotine delivery system) products will now have to submit premarket applications by August 8, 2021.
The second change is introducing a new compliance policy with regards to flavored ENDS products.
At the time that the current compliance policy was enforced, in 2017, e-cigarette use among youth was leveling off. But drastic growth in the popularity of e-cigs among minors over the past two years has led to various changes in the policy, including the restriction of sales of flavored ENDS products via certain retail channels from November 2018.
“The most recent data show more than 3.6 million middle and high school students across the country were current (past 30 day) e-cigarette users in 2018,” wrote Gottlieb in the announcement. “This is a dramatic increase of 1.5 million children since the previous year. The data also showed that youth who used e-cigarettes also were using them more frequently and they were using flavored e-cigarette products more often than in 2017.”
Identifying flavored pods as a culprit was the first step, but the FDA is now introducing a policy that looks at how accessible any flavored ENDS product is to minors to determine whether or not it can stay on the market.
For online sales, retailers must have an age-verification process that connects to third-party data sources in order to sell flavored nicotine products. For physical retailers, the policy says that flavored nicotine products must be behind some sort of age-gate, whether that’s at the front door of the shop or within a different age-gated section of the store itself. In other words, there must be some barrier to entry before POS between minors and flavored ENDS products.
From the announcement:
Our proposed policy provides examples of circumstances that we’ll consider – for example, if flavored ENDS products are sold in locations where minors can enter at any time (e.g., the entire establishment or an area within the establishment); or, for online sales, if the products are sold without an appropriate limit on the quantity that a customer may purchase within a given period of time, and without independent, third-party, age- and identity-verification services that compare customer information against third-party data sources, such as public records. We’re also specifically seeking comment on, among other things, whether there are new technologies that can help prevent youth access at retail locations and intend to consider the use of those tools when we finalize the guidance.
The main point to remember is that the FDA plans to prioritize enforcement of these products based on whether they’re sold in ways that pose a greater risk for minors to access them and become addicted to them.
While this proposal includes further regulation of the budding e-cigarette industry, it could be an important step forward for the space in the long term. The e-cigarette industry won’t reach its potential as an alternative to cigarettes until the issue of underage use is solved for good.
The FDA sees flavored ENDS products as a gateway for young people, and closing off access to those products as soon as possible gives the industry, from manufacturers to retailers to regulators, the opportunity to plan for how these products can be sold and distributed in the future, or if flavored products should exist at all.
The new plan does not propose enforcement of all ENDS products — tobacco, menthol and mint-flavored ENDS products can remain on the market and keep their original 2022 deadline for premarket FDA approval applications.
Juul Labs had this to say in response to the draft guidance:
We are committed to reducing youth usage while preserving our opportunity to eliminate combustible cigarettes, the number one cause of preventable death in the world. 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 flavored JUULpods to 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 category-wide action including the responsible, restricted sale of flavored products and will review today’s draft guidance as we continue to work with FDA, state Attorneys General, local municipalities, and community organizations as a transparent and responsible partner in combating underage use.
Commissioner Gottlieb announced his resignation a week ago. National Cancer Institute Director Dr. Ned Sharpless will take over as acting FDA Commissioner in April.
Gottlieb had taken measured steps to keep ENDS products away from minors while still allowing adult smokers to have an alternative on the market. Whether Sharpless will thread the needle quite as well remains to be seen, but Altria stocks fell on word of his appointment.
Today’s proposal is open for public comments for 30 days.
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FDA chief summons Altria and JUUL to Washington to discuss teen vaping
The head of the U.S. Food and Drug Administration is calling Altria and Juul to meet in Washington to discuss their tie-up and how it impacts the companies’ plans to combat teen vaping. Earlier this year, Altria href=”https://techcrunch.com/2018/12/20/juul-labs-gets-12-8-billion-investment-from-marlboro-maker-altria-group/”>invested $12.8 billion investment in Juul.
“After Altria’s acquisition of a 35 percent ownership interest in JUUL Labs, Inc., your newly announced plans with JUUL contradict the commitments you made to the FDA,” Commissioner Scott Gottlieb wrote in a strongly worded letter addressed to Altria chairman and chief executive, Howard A. Willard III.
“When we meet, Altria should be prepared to explain how this acquisition affects the full range of representations you made to the FDA and the public regarding your plans to stop marketing e-cigarettes and to address the crisis of youth use of e-cigarettes,” Gottlieb wrote.
The commissioner sent a similarly worded message to Juul’s chief executive, Kevin Burns.
As part of that deal, Juul is getting access to Altria’s retail shelf space; the company is sending out direct communications pitching Juul to adult smokers through cigarette pack inserts and mailings to the company’s database of customers; and the two will combine the power of their respective sales and distribution backend which reaches roughly 230,000 retailers across America.
The recent deal comes only months after Juul released its plan to combat teen vaping — something the FDA had required of the company.
In the commitments it made last year, the vape manufacturer and retailer said it would expand its secret shopper program to make sure underage buyers weren’t getting access to its products; pull its campaigns from social media; and limit sales of non-traditional cigarette flavors (menthol, mint, Virginia tobacco, and “classic” tobacco) to the company’s website — which requires age verification.
Gottlieb isn’t the only one who has a problem with Juul. We’ve written about how the company has lowered the barrier to entry for nicotine addiction.
For Gottlieb, the addition of Altria’s marketing firepower and network of 230,000 retail locations likely isn’t an indicator of a company that’s willing to winnow down access to its products.
“I am aware of deeply concerning data showing that youth use of JUUL represents a significant proportion of the overall use of e-cigarette products by children. I have no reason to believe these youth patterns of use are abating in the near term, and they certainly do not appear to be reversing,” Gottlieb wrote. “Manufacturers have an independent responsibility to take action to address the epidemic of youth use of their products. My office will contact you to arrange a meeting to discuss these issues. Pursuant to your request, we intend to schedule this as a joint meeting with both Altria and JUUL.”
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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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How Juul made vaping viral to become worth a dirty $38 billion
A Juul is not a cigarette. It’s much easier than that. Through devilishly slick product design I’ll discuss here, the startup has massively lowered the barrier to getting hooked on nicotine. Juul has dismantled every deterrent to taking a puff.
The result is both a new $38 billion valuation thanks to a $12.8 billion investment from Marlboro Cigarettes-maker Altria this week, and an explosion in popularity of vaping amongst teenagers and the rest of the population. Game recognize game, and Altria’s game is nicotine addiction. It knows it’s been one-upped by Juul’s tactics, so it’s hedged its own success by handing the startup over a tenth of the public corporation’s market cap in cash.
Juul argues it can help people switch from obviously dangerous smoking to supposedly healthier vaping. But in reality, the tiny aluminum device helps people switch from nothing to vaping…which can lead some to start smoking the real thing. A study found it causes more people to pick up cigarettes than put them down.
Photographer: Gabby Jones/Bloomberg via Getty Images
How fast has Juul swept the nation? Nielsen says it controls 75 percent of the U.S. e-cigarette market up from 27 percent in September last year. In the year since then, the CDC says the percentage of high school students who’ve used an e-cigarette in the last 30 days has grown 75 percent. That’s 3 million teens or roughly 20 percent of all high school kids. CNBC reports that Juul 2018 revenue could be around $1.5 billion.
The health consequences aside, Juul makes it radically simple to pick up a lifelong vice. Parents, regulators, and potential vapers need to understand why Juul works so well if they’ll have any hope of suppressing its temptations.
Shareable
It’s tough to try a cigarette for the first time. The heat and smoke burn your throat. The taste is harsh and overwhelming. The smell coats your fingers and clothes, marking you as smoker. There’s pressure to smoke a whole one lest you waste the tobacco. Even if you want to try a friend’s, they have to ignite one first. And unlike bigger box mod vaporizers where you customize the temperature and e-juice, Juul doesn’t make you look like some dorky hardcore vapelord.
Juul is much more gentle on your throat. The taste is more mild and can be masked with flavors. The vapor doesn’t stain you with a smell as quickly. You can try just a single puff from a friend’s at a bar or during a smoking break with no pressure to inhale more. The elegant, discrete form factor doesn’t brand you as a serious vape users. It’s casual. Yet the public gesture and clouds people exhale are still eye catching enough to trigger the questions, “What’s that? Can I try?” There’s a whole other article to be written about how Juul memes and Instagram Stories that glamorized the nicotine dispensers contributed to the device’s spread.
And perhaps most insidiously, vaping seems healthier. A lifetime of anti-smoking ads and warning labels drilled the dangers into our heads. But how much harm could a little vapor do?
A friend who had never smoked tells me they burn through a full Juul pod per day now. Someone got him to try a single puff at a nightclub. Soon he was asking for drag off of strangers’ Juuls. Then he bought one and never looked back. He’d been around cigarettes at parties his whole life but never got into them. Juul made it too effortless to resist.
Concealable
Lighting up a cigarette is a garish activity prohibited in many places. Not so with discretely sipping from a Juul.
Cigarettes often aren’t allowed to be smoked inside. Hiding it is no easy feat and can get you kicked out. You need to have a lighter and play with fire to get one started. They can get crushed or damp in your pocket. The burning tip makes them unruly in tight quarters, and the bud or falling ash can damage clothing and make a mess. You smoke a cigarette because you really want to smoke a cigarette.
Public establishments are still figuring out how to handle Juuls and other vaporizers. Many places that ban smoking don’t explicitly do the same for vaping. The less stinky vapor and more discrete motion makes it easy to hide. Beyond airplanes, you could probably play dumb and say you didn’t know the rules if you did get caught. The metal stick is hard to break. You won’t singe anyone. There’s no mess, need for an ashtray, or holes in your jackets or couches.
As long as your battery is charged, there’s no need for extra equipment and you won’t draw attention like with a lighter. Battery life is a major concern for heavy Juulers that smokers don’t have worry about, but I know people who now carry a giant portable charger just to keep their Juul alive. But there’s also a network effect that’s developing. Similar to iPhone cords, Juuls are becoming common enough that you can often conveniently borrow a battery stick or charger from another user.
And again, the modular ability to take as few or as many puffs as you want lets you absent-mindedly Juul at any moment. At your desk, on the dance floor, as you drive, or even in bed. A friend’s nieces and nephews say that they see fellow teens Juul in class by concealing it in the cuff of their sleeve. No kid would be so brazen as to try smoke in cigarette in the middle of a math lesson.
Distributable
Gillette pioneered the brilliant razor and blade business model. Buy the sometimes-discounted razor, and you’re compelled to keep buying the expensive proprietary blades. Dollar Shave Club leveled up the strategy by offering a subscription that delivers the consumable blades to your door. Juul combines both with a product that’s physically addictive.
When you finish a pack of cigarettes, you could be done smoking. There’s nothing left. But with Juul you’ve still got the $35 battery pack when you finish vaping a pod. There’s a sunk cost fallacy goading you to keep buying the pods to get the most out of your investment and stay locked into the Juul ecosystem.
(Photo by Scott Olson/Getty Images)
One of Juul’s sole virality disadvantages compared to cigarettes is that they’re not as ubiquitously available. Some stores that sells cigs just don’t carry them yet. But more and more shops are picking them up, which will continue with Altria’s help. And Juul offers an “auto-ship” delivery option that knocks $2 off the $16 pack of four pods so you don’t even have to think about buying more. Catch the urge to quit? Well you’ve got pods on the way so you might as well use them. Whether due to regulation or a lack of innovation, I couldn’t find subscription delivery options for traditional cigarettes.
And for minors that want to buy Juuls or Juul pods illegally, their tiny size makes them easy to smuggle and resell. A recent South Park episode featured warring syndicates of fourth-graders selling Juul pods to even younger kids.
Dishonorable
Juul co-founder James Monsees told the San Jose Mercury News that “The first phase is proving the value and creating a product that makes cigarettes obsolete.” But notice he didn’t say Juul wants to make nicotine obsolete or reduce the number of people addicted to it.
Juul co-founder James Monsees
If Juul actually cared about fighting addiction, it’d offer a regimen for weaning yourself off of nicotine. Yet it doesn’t sell low-dose or no-dose pods that could help people quit entirely. In the US it only sells 5% and 3% nicotine versions. It does make 1.7% pods for foreign markets like Israel where that’s the maximum legal strengths, though refuses to sell them in the States. Along with taking over $12 billion from one of the largest cigarette companies, that makes the mission statement ring hollow.
Juul is the death stick business as usual, but strengthened by the product design and virality typically reserved for Apple and Facebook.
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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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Twitter buys a startup to battle harassment, e-cigs are booming, and a meditation app is worth $250M
Hello and welcome back to Equity, TechCrunch’s venture capital-focused podcast where we unpack the numbers behind the headlines. This week TechCrunch’s Silicon Valley Editor Connie Loizos and I jammed out on a couple of topics as Alex Wilhelm was out managing his fake stock game spreadsheets or something. (The jury is out on whether this was a good or bad thing.)
First up is Twitter buying Smyte, a startup targeting fixes for spam and abuse. This is, of course, Twitter’s perennial problem and it’s one that it’s been trying to fix for some time — but definitely not there yet. The deal terms weren’t disclosed, but Twitter to its credit has seen its stock basically double this year (and almost triple in the past few years). Twitter is going into a big year, with the U.S. midterm elections, the 2018 World Cup, and the Sacramento Kings probably finding some way to screw up in the NBA draft. This’ll be a close one to watch over the next few months as we get closer to the finals for the World Cup and the elections. Twitter is trying to bill itself as a home for news, focusing on live video, and a number of other things.
Then we have Juul Labs, an e-cigarette company that is somehow worth $10 billion. The Information reports that the PAX Labs spinout from 2015 has gone from a $250 million valuation all the way to $10 billion faster than you can name each scooter company that’s raising a new $200 million round from Sequoia that will have already been completed by the time you finish this sentence. Obviously the original cigarette industry was a complicated one circa the 20th century, so this one will be an interesting one to play out over the next few years.
Finally, we have meditation app Calm raising a $27 million round at a $250 million pre-money valuation. Calm isn’t the only mental health-focused startup that’s starting to pick up some momentum, but it’s one that’s a long time coming. I remember stumbling upon Calm.com back in 2012, where you’d just chill out on the website for a minute or so, so it’s fun to see a half-decade or so later that these apps are showing off some impressive numbers.
That’s all for this week, we’ll catch you guys next week. We apologize in advance if Alex makes it back on to the podcast.
Equity drops every Friday at 6:00 am PT, so subscribe to us on Apple Podcasts, Overcast, Pocketcast, Downcast and all the casts.
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