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B.C. court certifies nationwide class action against e-cigarette maker JUUL

The lawsuit alleges JUUL deceptively marketed its products as safe and conspired to addict a new generation to nicotine. Case covers all Canadian users since 2018.

· 2 min read · HOC Vancouver Desk
B.C. court certifies nationwide class action against e-cigarette maker JUUL
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The B.C. Supreme Court has certified a nationwide class action lawsuit against e-cigarette maker JUUL Labs Inc. and parent company Altria Group Inc., clearing the path for the case to proceed.

Two representative plaintiffs, Owen Mann-Campbell and Robert Osborn, allege the companies deceptively marketed their products as a safe alternative to smoking and "conspired together to addict a new generation to nicotine." The class action covers all Canadians who used JUUL products since 2018, excluding employees of the companies and their relatives.

Justice Christopher Giaschi allowed the certification after six years of proceedings and a previous appeal attempt. The companies had challenged the certification on multiple grounds: JUUL argued the plaintiffs failed to properly create subclasses for users who also smoke regular cigarettes, while Altria claimed it was not sufficiently involved in JUUL's Canadian operations. Giaschi rejected both arguments, finding that subclasses can be created later and that questions of Altria's involvement and court jurisdiction had already been determined.

This certification does not determine fault in the case—it simply allows the lawsuit to proceed as a class action. The decision is itself subject to appeal. B.C. has filed a separate action seeking to recover health care costs from JUUL and has landed a landmark $3.6-billion settlement against tobacco companies in early 2025.

The facts

Who are the representative plaintiffs in the JUUL class action?

Owen Mann-Campbell and Robert Osborn are the two representative plaintiffs in the certified nationwide class action against JUUL Labs Inc. and Altria Group Inc.

Which Canadians are covered by this class action?

All Canadians who used JUUL products since 2018 are covered by the class action, except employees of JUUL Labs Inc. and Altria Group Inc. and their relatives.

How long did it take for the court to certify this class action?

The B.C. Supreme Court certified the class action after six years of proceedings, during which time the defendants mounted a previous appeal attempt.

What were the main arguments JUUL and Altria used to oppose certification?

JUUL argued the plaintiffs failed to properly create subclasses for users who also smoke regular cigarettes, while Altria claimed it was not sufficiently involved in JUUL's Canadian operations. Justice Christopher Giaschi rejected both arguments.