Matthew Fontaine-Dulude began vaping a Juul e-cigarette as a teenager — seven years ago. Now 22 and living in Holyoke, he has filed suit against Juul Labs Inc., saying the company failed to disclose the device’s health risks.

Juul makes small, rectangular, battery-operated e-cigarettes that resemble a flash drive. Fontaine-Dulude’s complaint, filed Nov. 24 in Hampden Superior Court and brought by Springfield attorney Timothy Kotfila, accuses Juul of breaching warranties and merchantability and of negligence that caused his e-cigarette addiction.

According to the lawsuit, Fontaine-Dulude was a healthy, athletic young person before he used Juul pods. The complaint alleges Juul did not disclose how much nicotine each pod contained or warn of vaping’s dangers when he first encountered the product. Juul Labs reported in 2021 that a 5% nicotine-by-weight cartridge contains about 40 mg of nicotine per pod — roughly equivalent to a pack of cigarettes, according to the National Institutes of Health.

“After using Juul’s e-cigarettes, plaintiff became severely addicted to nicotine, causing him to increase his use over time, even reaching to the point of a pod per day or more,” the complaint says. That addiction led to a high school suspension after he was caught vaping, the filing adds.

In 2022, at age 19, Fontaine-Dulude suffered a collapsed left lung. Doctors warned that continued vaping or smoking would raise the risk of recurrence, and months later he underwent surgery. “Plaintiff’s medical problems were caused entirely from nicotine ingested from Juul’s e-cigarettes,” the complaint states.

The suit says Fontaine-Dulude continues to experience injuries attributed to Juul’s products, including reduced endurance, prolonged pain and suffering, and a diminished ability to enjoy life.

Kotfila declined to comment on the lawsuit. No attorney is yet listed for Juul Labs in this case; The Republican contacted lawyers who previously represented Juul but did not immediately receive a response.

State lawsuits and settlements

Massachusetts and several other states sued Juul Labs in 2020, alleging the company was responsible for millions of youths becoming addicted to e-cigarettes. Then-Attorney General Maura Healey said Juul intentionally marketed to young people, identifying the “cool crowd” — “fashionable, urban with a vibrant life” who “enjoy(ed) going out to shows and events” — and hiring celebrities popular with younger audiences to appeal to millennial customers, the suit alleged.

In 2023, state attorneys announced a $462 million settlement with Juul; Massachusetts secured $41 million. Following that action and federal rules, flavored pods are now banned nationwide except for “tobacco” and “menthol.” In Massachusetts, the state Department of Public Health treats menthol as a flavor, limiting those products to adult-only smoking bars.

Kotfila said the Fontaine-Dulude lawsuit is unrelated to the state action. The plaintiff is asking the court for judgment against Juul, plus interest, costs and attorney’s fees, and is requesting a jury trial.

This article was adapted from an original report published on masslive.com. All rights belong to the original publisher.