Jessy Edwards  |  November 30, 2021

Category: E-Cigarette

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uul, Altria, Native American, class action
(Photo Credit: Max4e Photo/shutterstock)

Juul, Altria Vaping Multidistrict Litigation Overview:

  • Who: Native American Tribes Saint Regis Mohawk Tribe and the Grand Traverse Band of Ottawa and Chippewa Indians have hit back after Altria and Juul moved to dismiss them from a multidistrict litigation.
  • Why: The vape companies argued the tribes’ claims don’t have any standing. However, the tribes say they have proved their claims.
  • Where: The multidistrict litigation is pending California federal court.

Several Native American tribes have hit back at vaping giants Juul Labs Inc. and Altria Group after the pair asked a judge to remove them from bellwether lawsuits alleging they targeted Native American teens, causing huge health expenses for the tribes.

In a memorandum filed Nov. 22 in a California federal court, the Grand Traverse Band of Ottawa and Chippewa Indians and the Saint Regis Mohawk Tribe said they have legal standing to sue Juul and Altria for racketeering and negligence and to claim injury. 

“The Tribe has plausibly alleged that Defendants’ multiple fraudulent schemes caused injury to its business and property, entitling it to relief under the Racketeer Influenced and Corrupt Organizations Act,” the memo states.

The tribes added that Juul and Altria’s attempts to “relitigate” the issues of the case through filing a motion to dismiss were “futile.”  

Several Native American tribes sued Juul Labs in June 2020, alleging the vaping giant purposely targeted the tribes, particularly the youth, in an effort to get them addicted to vaping and therefore reliant on their products, while also actively downplaying the risks of addiction to vaping devices.

The complaints say Juul actively marketed its e-cigarettes as “totally safe” to schoolchildren in their communities and disseminated this message through sponsoring summer camps, using Native Americans as test subjects for products, as well as social media influencers.

Instead of seeking damages for individual members affected by the issues, the tribes are seeking damages for the tribes as a whole because of the resources they have poured into curbing the rising vaping epidemic they allege was actively encouraged by Juul’s involvement.

Juul and Altria hit back against the multi district litigation in October, arguing the two Native American tribes have no legal basis for their claims.

In its motions to dismiss, Altria argues that the tribes’ alleged injury is a monetary one, incurred from dealing with the effects of vaping, which does not fall under the Racketeer Influenced and Corrupt Organizations Act cited in the lawsuit. 

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 in the multidistrict litigation are represented by Sarah R. London of Lieff Cabraser Heimann & Bernstein LLP, Dena Sharp of Girard Sharp LLP, Dean Kawamoto of Keller Rohrback LLP and Ellen Relkin of Weitz & Luxenberg PC.

The Saint Regis Mohawk Tribe is represented by Geoffrey D. Strommer, Jerry C. Straus and Riley F. Plumer of Hobbs Straus Dean & Walker LLP, T. Roe Frazer II of Frazer PLC, and J. Nixon Daniel III and W. Lee Elebash of Beggs & Lane.

The Grand Traverse Band of Ottawa & Chippewa Indians is represented by Sona R. Shah and Henry Avery of Zwerling Schachter & Zwerling LLP, Dan Drachler, Elizabeth J. Cabraser, Sarah R. London, Eric B. Fastiff and Reilly T. Stoler of Lieff Cabraser Heimann & Bernstein LLP, and Lloyd B. Miller, Donald J. Simon and Whitney A. Leonard of Sonosky Chambers Sachse Enderson & Perry LLP.

The Juul Altria Native American Tribes Vaping 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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