Running head: JUULS AREN’T CUUL 1

JUULS AREN’T CUUL: The Teenage Vaping Epidemic of America

Joshua S. Horner Jr.

Legal Studies Academy

First Colonial High School

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Abstract

This paper will detail the teenage vaping epidemic and who is responsible for it. It will also

discuss the effects of nicotine and how its addictive properties are used and exploited. The author

will also give insight to key background such as the brief history and a detailed medical

description of nicotines side effects on the human body. The author next includes a section of

statistics to explain the epidemic with number values to put the problem in true perspective This

research paper will also explore the growing issues of this topic including the sociological and

ecological effects of e-cigarettes. The paper delves into possible solutions in the legal field

including harsher punishments for those giving minors tobacco products and potential law

reform to include jail time. Lastly, the author has included a graph of statistics from a medical

study.
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JUULS Aren’t Cuul: The Teenage Vaping Epidemic of America

The teenage vaping epidemic is truly an epidemic now, and there is only one entity to

blame: big tobacco. Big tobacco and these electronic cigarette companies, such as Juul and other

name brands, have marketed their products to kids to be safer than traditional tobacco and

without the stigma of being a smoker. The current lack of regulation by the federal government

of tobacco related products, specifically Electronic Nicotine Delivery Systems (E.N.D.S.), has

allowed companies to market their products towards underage people and has caused an influx of

nicotine dependent teenagers.

History of Tobacco

The tobacco plant is part of the nightshade plant family. Every plant in this family

contains nicotine, but none other than the tobacco plant has enough to have an effect on humans

(De Landoni, 1990). Tobacco has grown natively in the Americas for hundreds of years and

wasn’t introduced to the rest of the world until late in the fifthteenth century. In 1492,

Christopher Columbus sailed across the Atlantic and landed in the Bahamas. Upon arrival, the

Native Americans offered tobacco leaves to Columbus and his crew, which they would later

bring back to Europe. Europe’s fascination with tobacco boomed because of the false notion that

tobacco had a plethora of healing properties. People used tobacco for medicinal purposes ranging

from wrapping poisonous bite wounds to smoking it to cure asthma and other lung conditions

(Lah, 2011). The truth about tobacco and its harmful side effects weren’t officially accepted until

the late twentieth century when in 1998 the top four tobacco companies were being sued. The big

four tobacco companies entered a deal to pay back to the government two hundred and forty six
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billion dollars in restitution to cover the costs of medical care related to tobacco caused illnesses

that had amassed in the previous forty years (U.S. Government, 1998).

Development of E-Cigarettes

The development of e-cigarettes is actually quite older them perceived. The first patent

for a non-combustible nicotine delivery device was requested in 1963 (Biggers, 2018). This

product, however, wouldn’t get a foothold until around 2004 when they hit the Chinese tobacco

market. As the years went on, the number of people switching to vaping devices gradually rose

until 2013 when the market exploded. This created a brand new frontier for the tobacco industry,

and everyone hopped on board and created new vaping devices. The number of new devices

skyrocketed with a few coming out on top such as Juul, Vuse, Blu, and many others. Juul took

the bulk of the market with its simplistic electronic cigarette and it’s easy to use cartridge based

system. A Juul is a sleek rectangle shaped electronic cigarette that uses single use disposable

cartridges, often called pods. The Juul is ingenious in itself in respect to how ergonomically

friendly it is. The Juul measures in at just under four inches with the pod in it. This allows the

Juul to fit in the palm of most people’s hands, making it easy to conceal. The width of it is under

an inch giving it a very discreet profile which affords it the ability to hide in plain sight. It also

only comes in five colors, those being navy blue, black, blush gold, silver, and graphite. This

also caters toward the devices inconspicuous nature. Juul also designed their product’s charger to

be able to be plugged into any usb port that supplies power. This pretty much allows the Juul to

charge anywhere from laptops to apple charger blocks to car outlets and radios. All of these

factors make it the quote, unquote, perfect electronic cigarette.

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Statistics

When e-cigarettes really hit the market in 2013 and vaping became a worldwide trend,

the numbers of vaping obviously increased in all categories, but 2017 is when those numbers

became a problem (see appendix). Scientists and doctors from the National Institute on Drug

Abuse conducted a research project on the usage of nicotine among teenagers from 2017 to 2019.

Their project unearthed the true degree of this epidemic. The project surveyed over 4000

students from each grade of eighth, tenth, and twelfth over the two years. The project skipped

years to eliminate the chance of the same students answering twice. In 2017, eleven percent of

twelfth graders stated that they had used a vaping device at least once within the last thirty days.

This percent more than doubled over the next two years. That means over 1000 kids or twenty

five percent of the 4000 plus kids surveyed in 2019 confirmed that they had vaped within the last

month. Another question of the survey was whether the students vaped on the daily. This

question wasn’t asked until 2019, but still yielded what should be considered as horrible results.

Over eleven and a half percent of twelfth graders admitted to using electronic cigarettes

everyday. This painted a bad picture on the vaping companies although this wasn’t even the

worst statistic. In the three years of surveying the students, researchers found that every year the

number of eighth graders who had vaped within the last month tripled from start to finish

beginning at a mere three percent and ending with nine percent evenly. This really opened

researcher’s eyes to the problem our society faced. Think about it, the majority of eighth graders

are fourteen at most. This puts these kids a whole two years from being able to drive on their

own and four to sometimes even seven years, depending on their respective state’s tobacco

purchase age, from being able to legally buy and use these products.
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Effects of Nicotine

Nicotine is a highly addictive chemical most commonly found in the tobacco plant. It

produces a multitude of effects of which almost none are beneficial to the body. It is rated the

fifth most addictive substance on the planet (Juergens, 2016).

Medical Effects

What is nicotine exactly? Nicotine is an alkaloid, which means it is made by several

different plants. It is also a very toxic chemical. The specific type of nicotine that is most

commonly referenced and used is ​Nicotiana tabacum (​ De Landoni, 1990)​. ​The chemicals

contained in cigarettes, such as nicotine, interfere with the brain while its developing. The most

affected part of the brain is the Prefrontal Cortex (PFC), which controls decision making and

attention performance. Nicotine interferes with the brain making Acetylcholine. The body starts

producing less Acetylcholine when nicotine is introduced and over a short period of time in

adolescents, the brain becomes dependent on the nicotine. This leads to the body having a

craving for nicotine. Since the Prefrontal Cortex controls the decision making and risk/reward

system in adolescents, the crave and reward for nicotine outweighs the risk warnings of smoking

in the brain. This leads to withdrawals if the need for nicotine is not filled. Once again, the brain

tells the adolescent that it needs nicotine, letting the reward system outweigh the risks. This leads

to an addiction to nicotine. The crave for nicotine gets so strong that now the body needs it to

function. This is the top factor for nicotine overdoses. Nicotine can be consumed in lethal

amounts. One cigarette can contain six to twenty eight milligrams of nicotine (Cattamanchi,

2019). The lethal dose for a child is ten milligrams of nicotine. The lethal amount for an adult is

in between 30 to 60 milligrams of nicotine depending on the size of the person (Mayer, 2014).
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Some electronic cigarette cartridges can contain up to 42 milligrams of nicotine, which is a

similar amount of it in a whole pack of cigarettes. That one pod has the potential to kill someone.

Adolescents won’t take those numbers into consideration and end up in comas or dead because

their brain was so dependent on nicotine and the craving was almost unbearable. Another

medical downside to nicotine and e-cigarettes is their endocrine disrupting plastics. These

plastics when heated release chemicals that affect the endocrine system in the human body. The

endocrine system is a series of glands that make the hormones in our bodies and these toxic

chemicals from the plastics cause the system to not properly function. This may include

hindering the making of hormones that control mood swings, metabolism, and growth. This is

why it is so dangerous for teenagers to vape because these chemicals directly affect the way the

body develops during puberty (WebMD, n.d.)

Nicotine's Effect on the Brain

The Prefrontal Cortex is already hindered by making decisions in the adolescent stage,

but when nicotine is introduced into the equation, the Prefrontal Cortex is fighting two things

now and almost always loses. The nicotine will stunt the Prefrontal Cortex’s ability to make

decisions long term. Exposure of nicotine to the adolescent’s brain also alters the genes that

make up the structure of the Prefrontal Cortex. These changes most often last into adulthood.

The changes will forever hinder decision making in people who smoked during adolescence. The

Prefrontal Cortex isn’t the only thing affected by nicotine (Goriounova & Mansvelder, 2012).

Smoking and inhaling nicotine as an adolescent stunts the growth of the lungs. This will make it

harder to breathe. It also limits someone's endurance and ability to do strenuous exercises. This

hinders that person from doing various common activities in life such as working out, running to
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quickly get something, and giving a speech. It also makes them more perceptible to seasonal

illnesses such as the common cold or the flu.

What are the effects of nicotine? There are two different sides to nicotine and smoking.

There is the calming side and the active side. The calming side is achieved when someone

smokes and takes longer drags of the nicotine containing object. The effects of this include

slowed heart rate, lightheadedness, and heightened blood pressure. The active side effects

someone by increasing awareness and attention. These are induced when someone takes short

drags of the nicotine containing object. Nicotine has a wide range of negative side effects. These

effects are heightened by man made nicotine and when people with smaller bodies ingest

nicotine. The side effects of nicotine include, “nausea, vomiting, dizziness, confusion, diarrhea,

rapid heart rate, high blood pressure, seizures, dry mouth, cancer, joint pain, high insulin,

headache, irritability, sleep disturbances, abnormal dreams, coronary artery disease and death,”

(Sinha, 2019).

Economic Effects

The large scale economic effects of e-cigarettes, such as Juul, are unknown, but in

retrospect, there are plenty of example trajectories this epidemic could have. None of these

examples have ever ended positively so it is safe to assume that whatever the effects will be

negative, for instance, the chain of effects that stemmed from people smoking cigarettes. The

health industry was affected because many people didn’t have the money to pay for the

treatments to cure diseases incurred by smoking cigarettes. This trend cost immense amounts of

money and was one driving force behind the Master Settlement Agreement of 1998. The small

scale economic effects are quite visible. Teenagers and young adults are going broke buying Juul
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pods and vape juice. On average, a pack of four Juul pods cost $15.99 according to Juullabs,

2019. For comparison, the average cost for a pack of Marlboro reds is $7.05 in Virginia. Juullabs

claims that one pod is equivalent to a pack of cigarettes which in hindsight means that a pack of

pods is a pack and a half of cigarettes worth of money cheaper, but this doesn’t come with its

downsides. Vaping deaths have skyrocketed since early this year, and there are thousands of

cases reporting vaping related illnesses (Knowles, 2019). Teenagers aren’t the only ones whose

wallets are feeling the effects of Juul and the vaping epidemic. Tobacco farmers have been

fighting the good fight to stay in business for years due to the way society views cigarettes now,

but with Juul and their fellow e-cigarette brands the battle has become a fight for survival. Juul,

like many other vape companies, outsource their tobacco from foreign countries who grow

cheaper tobacco. This tobacco is cheaper because it is less regulated and doesn’t come from

responsibly sourced farms. This means that Juul and many other vape companies could be

directly supporting third world country slavery whether they know it or not. These are some

main factors that contribute to the reduction of the market for American grown tobacco.

Ecological Effects

The environment is also affected by electronic cigarettes in harmful ways. Since

electronic cigarettes contain technological parts like batteries and operating system chips, they

are grouped under electronic waste. They also qualify as biohazardous waste due to the heavy

metals and man-made chemicals they contain such as nicotine and multiple altered forms of

glycerol (“3 ways Juul,” 2019). One specific biohazard these devices contain is the endocrine

disrupting plastics. These plastics in nature disrupt everything they touch from the plant life to

the animals that inhabit that ecosystem. These devices are especially devastating when discarded
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near bodies of water or exposed ground at water level. These residual chemicals can not only

hurt the environment at the scene of their discardment, but once in the groundwater system, they

can wreak havoc on everything that their path crosses. The heavy metals and man made

substances cause mutations to arise in the flora and fauna of the ecosystem which ultimately

down the line may doom the fate of said affected species. The e-waste classification of these

devices bears even worse news. Many electronic cigarettes runoff control panels that are the

devices’ metaphorical brain. These tiny electronic chips most often contain a laundry list of toxic

metals and chemicals that need special disposal to minimize their harmful effects. These metals

often cause cancer or poisoning by their very exposure to humans.

Sociological Effects

There are many sociological effects of the world that persuade teens to act and do things

in certain ways. It would be ignorant to deny that e-cigarettes are the taboo activity of our

generation, much like how traditional cigarettes were for our parent’s generation. It is no hidden

secret that teens are influenced by peer pressure to do things that they usually wouldn’t do. Not

saying all peer pressure is bad, but there is a fine line between its healthy side and its darker

destructive side. The whole teenage phase of someone’s life is an awkward internal battle to

figure out who exactly they are and outside bodies of influence play key roles in which way the

battle is determined. Everyone is just trying to fit in and if all of someone's friends are doing it

they are substantially more likely to join in the activity. It often only takes a couple of people to

influence them to do said activity and because of the fear of not fitting due to denial of

participation in the activity is so great the person often folds under the pressure and gives in.

There is also a lack of information about the activity most of the time. This ignorance often is
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what hurts the person the most because if the person wasn’t ill-informed about the activity than

they might not have participated in it. This is exactly how e-cigarettes blew up so fast in the

tobacco market. Younger people saw that there was a way to get the nicotine head buzz they

craved without the consequences of smoking traditional cigarettes. Teens see the fruity flavors

and less harsh looking vapors emitted from e-cigarettes and automatically assume that they must

be safe. What they don’t take into consideration is the addictive properties of nicotine and how it

will affect them for the rest of their life even if they don’t continue to use the substance.

Legal Aspects

Court Cases

The chance of legal ramifications for Juul is climbing steadily and shows no signs of

slowing down. The company is currently being sued by numerous states and their products are

under federal investigation by the Centers for Disease Control and the Food and Drug

Administration. The states suing the vape giant are North Carolina, the first to file legal action

against the company, New York, California, Illinois, and Massachusetts. The court case that

carries the most weight in this situation, however, is the state of ​New York v. Juul Labs, Inc.​ New

York’s Attorney General Letitia James went public with the lawsuits announcement on

November 19, 2019, stating that Juul violated New York state marketing laws (Larson, 2019).

The Attorney General claims that the vape company marketed their products to minors of the

state with the appealing ads, enticing design, and the notion that their product was safer than

regular cigarettes. This lawsuit comes just two days after the state of California filed a lawsuit

against the company citing similar accusations with additional claims that not only did the

company give out their products without warning labels, but they actually sold and distributed
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their products to minors knowingly. Due to coming under fire a few months ago the Juul stopped

selling two of the five flavors they offer, these being Fruit Melody and Creme brulee. The

company stated they didn’t want to entice young people to start vaping with colorful and fruity

flavors. This was Juul’s first move to try to sidestep the flak they were about to catch. The next

big hit to the company came in early November when a slew of vaping related deaths prompted

multiple researchers to conduct surveys among high school students. With no surprise, the

company was forced to remove another flavor from its arsenal when these surveys concluded

that Juul’s Mint flavored pod was most popular among eighth through twelfth graders. A very

grim statistic arose from this which showed that out of every four high schoolers, at least one

admitted to vaping within the last month. This caused Juul to release a statement detailing that

the company would start refusing orders for the Mint pods (Lecher, 2019). The company

following this announcement also shut down its social media accounts and removed

advertisements in the U.S.

Current Punishments

Virginia State Code § 18.2-371.2. decrees that:

No person less than 21 years of age shall attempt to purchase, purchase,

or possess any tobacco product, nicotine vapor product, or alternative

nicotine product…. A violation of subsection B is punishable by a civil

penalty not to exceed $100 for a first violation and a civil penalty not to

exceed $250 for a second or subsequent violation. A court may, as an

alternative to the civil penalty, and upon motion of the defendant,

prescribe the performance of up to 20 hours of community service for a

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first violation of subsection B and up to 40 hours of community service

for a second or subsequent violation.

The bill details various civil fees if someone is caught in violation of this bill. The law

carries no criminal record if caught no matter the amount of times convicted. As seen in the bill,

the maximum punishment for an individual is 250 dollars with no possibility of a criminal

record. It doesn’t even mention the Virginia state law that pertains to tobacco licensing and how

it would coincide with this law.

Harsher Punishments

The harsher punishment of persons who violate Virginia State code § 18.2-371.2. would

persuade people from violating this bill because of the heftier civil fees and actual criminal

records it could carry. A wise idea to propose is that the first violation should carry the same

punishment as the current secondary offense holds. People also may be persuaded to refrain from

violating this specific law if everytime they were convicted their punishment was compounded.

For example, if a person commits a second offense, then instead of paying 250 dollars, they

would pay 500 dollars and so on if they commit more offenses. That is one way to reform the

laws surrounding this issue, but there is another way. One diagram for the solution to this issue is

already in place and has been staring lawmakers in the face for a while. If nicotine is a drug that

is as addictive as it is, then why are lawmakers refusing to see it for its true nature. Virginia has

laws pertaining to drugs and the punishments that follow. It's common knowledge that a

possession of heroin charge is going to carry a heavier punishment than a possession of

marijuana charge. Why not treat nicotine just the same? Nicotine is classified as the fourth most

addictive thing on the planet, falling just short of crack cocaine (Intervention, 2019). If a person
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sells or gives a minor a substance classified as a drug like marijuana or heroin then they receive a

drug charge and a distribution to minor charge (18.2. Crimes, 2019). If an adult, which is often

the person supplying the E.N.D.s, sells or gives a minor a vape or its paraphernalia than they

should receive the respective drug charge. A counter argument for this would be to say that

tobacco is legal in and not classified as a controlled substance in all states. This counterpoint

however, is flawed in the fact that pharmaceutical drugs are legal drugs, but if sold criminally

they are classified as a controlled substance and often carry a harsh punishment, no matter to

whom those pharmaceuticals are sold to. This is a prime example of how the underage sale of

tobacco products such as electronic cigarettes should be handled. People might also think twice

about selling tobacco to minors if Virginia’s tobacco licensing laws were enforced better. Under

section § 58.1-1021.04:1 of Virginia state law states, “No person shall engage in the business of

selling or dealing in tobacco products as a distributor in the Commonwealth without first having

received a separate license from the Department for each location or place of business.” The

reason someone needs a license is to track who is selling and if they are being taxed properly.

This makes it possible for anyone who sells tobacco without a license to be charged with tax

evasion which is a felony. This also may make people heed their decision to sell to a minor since

with the full force of the law they can be charged with a state based misdemeanor charge and a

federal felony charge.

Solutions for Schools

There are multiple solutions for schools to counteract the teenage vaping epidemic. One

solution is to have security guards do regular checks of the bathrooms in their school, but this

would require more security guards to be hired or would be taxing their time for their regular
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duties. Another solution to the problem is to install vape detectors in the bathrooms. Many

devices are offered by companies in the market but can often be very pricey. One company,

Soter Technologies, who claims to be the leader in vape incidents detected, offers the FlySense

vape detector which is a perfect example of these devices. This company can provide two

versions of the FlySense device. One version is the fully functional version which not only

includes the vape detector, but a microphone that detects heightened noise levels that may

indicate there is bullying or fighting incidents in progress. This version comes with an app for

mobile devices that allows school administrators to be notified instantly when a vape or noise

disturbance has been detected on their mobile devices. These package deals cost around 1000

dollars per device with an installation fee of 500 dollars no matter the amount of devices

purchased. The second version of the device is a mock up version of the real system. This

iteration includes the shell of the device which houses wiring and an LED light to mimic the real

one. This option only cost 200 dollars per gadget, both of these options are extremely more cost

effective than hiring more security guards.

Conclusion

The teenage vaping epidemic of America is a dire situation. All across America, there are

thousands of cases of vaping related illnesses in teens and young adults. Kids are dying to a

mysterious lung condition caused by the use of electronic cigarettes and there is nothing that can

be medically about it. This only leaves the U.S. government and law enforcement only one other

option and that is to start drafting bills to make selling or giving these products to minor carry

harsher punishments. Everyone who has authority in a sector that deals with this issue should be

pressing on to fight this epidemic with every disposable resource they have. School officials
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need to take measures too such as installing vape detectors which will combat their usage in

school. With all of these people working together there is a great chance that society may be able

to fight this issue and take these poisonous devices out of the hands of the next generation of kids

to control America.
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