JUUL and Altria appeal B.C. class-action certification over vaping claims

JUUL Labs and Altria Group have filed notice that they intend to appeal a B.C. Supreme Court decision certifying a class action over allegations that e-cigarettes were deceptively marketed as a safe alternative to smoking.

Representative plaintiffs Owen Mann-Campbell and Robert Osborn launched the case in 2019, a year after e-cigarettes became legal in Canada. Their claims include negligence, unjust enrichment and breaches of consumer-protection legislation. Justice Christopher Giaschi certified the action July 15; the companies filed their appeal notice Aug. 13.

Certification does not determine liability. It allows the case to proceed as a class action. JUUL declined to comment, while Altria did not respond to a request for comment. A previous attempt to appeal was found premature before certification was finalized.

The B.C. government has separately sued JUUL to recover health-care costs related to vaping, though that case remains at an early stage. Rob Cunningham of the Canadian Cancer Society said the appeal reflects what he described as a longstanding industry strategy of delay and called for stronger youth-vaping restrictions.

The Health Ministry cited provincial measures including the 2020 E-Substances Regulation, which imposed restrictions on flavours, nicotine content and advertising, and the 2023 A-Z of Vaping campaign. The province also passed the Vaping Product Damages and Health Care Costs Recovery Act in 2025 to support recovery actions against e-cigarette companies.