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Juul Vaping Misrepresentation MDL Overview:
- Who: Juul Labs Inc. has asked a judge to have two school districts be the first to participate in bellwether trials concerning ongoing multidistrict litigation (MDL) against the company.
- Why: Juul has been accused of misrepresenting its vaping devices as safer than traditional cigarettes while contributing to a youth vaping epidemic.
- Where: The MDL is being litigated in California federal court.
Juul Labs is asking a federal judge to choose two school districts as the first government entities to participate in a bellwether trial over claims the company misrepresented its vaping devices as a safe alternative to cigarettes.
Government agencies will be the first to participate in the bellwether trials, with school districts making up nearly 94 percent of the group, pointed out the e-cigarette company in court documents.
Juul Class Actions, Consolidated in MDL, Feature School Districts, Others
Juul is arguing that school districts would be the most informative of the government agencies involved, and should go to trial first.
“Regardless of any other factors, cases brought by school districts will be far more informative about the total pool than cases brought by other government entities,” a defense lawyer for Juul wrote in a letter to the judge.
Juul is requesting the judge choose a school district in Tucson to go first, arguing that its smaller population size will make it a good initial representative
“The closer a school district’s population is to the upper or lower limits of the pool, the less likely that the parties will accept that a result from that district’s trial is informative about how the vast majority of the pool would resolve if taken to trial,” Juul’s defense wrote.
Juul wants the defense pick of Kansas’ Unified School District 265 to go second — or third, if not — claiming it would make a good early choice because it is the only district not located in a metropolitan area.
The company acknowledged that, in order for the judge to preside over the case, it would have to waive its right to have the case tried in the same district that it was filed, which it said it is not willing to do at this time.
“If Defendants’ unwillingness to waive Lexecon at this juncture is disqualifying in the Court’s view, Defendants would still urge the Court to select Goddard as the third bellwether case,” Juul’s defense wrote.
A total of four school districts are being considered, with the others located in San Francisco, Calif., and Palm Beach, Fla.
In addition to claims it misrepresented the safety of its vaping devices, Juul is also being accused of designing its products to contain more nicotine than traditional cigarettes and making false statements about nicotine on its packaging.
The judge overseeing the case has previously ruled that the plaintiffs in the MDL plausibly argued Racketeer Influenced and Corrupt Organizations Act claims.
To see if you qualify to join the Juul e-cigarette lung injury class action lawsuit investigation click here (links to paid attorney advertisement).
The plaintiffs are represented by Sarah London of Lieff Cabraser Heimann & Bernstein, Dena Sharp of Girard Sharp LLP, Dean Kawamoto of Keller Rohrback LLP, and Ellen Relkin of Weitz & Luxenberg.
The Juul Vaping Misrepresentation MDL is In re: Juul Labs Inc. Marketing, Sales Practices and Products Liability Litigation, Case No. 3:19-md-02913, in the U.S. District Court for the Northern District of California.
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