Tribes’ JUUL MDL Survives Dismissal Bid

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

JUUL Tribe MDL Overview:

• Who: JUUL’s motion to dismiss two e-cigarette marketing lawsuits by Saint Regis Mohawk Tribe and the Grand Traverse Band of Ottawa and Chippewa Indians has been denied.
• Why: The judge found that the tribes’ allegations were similar to claims made by school districts that have been allowed to proceed.
• Where: The lawsuit is pending in California federal court.

A California federal judge has denied JUUL’s motion to dismiss two bellwether lawsuits filed in multidistrict litigation challenging the company’s marketing of its e-cigarettes to youth.

JUUL, Altria Group Inc. and several executives had urged the judge to dismiss lawsuits filed by Saint Regis Mohawk Tribe and the Grand Traverse Band of Ottawa and Chippewa Indians because they allegedly failed to show causation or injury to bolster their Racketeer Influenced and Corrupt Organizations Act (RICO) claims.

U.S. District Judge William H. Orick found that the plaintiff tribes’ allegations were similar to claims made by school districts that have been allowed to move forward.

Judge Orrick rejected the bulk of the defendants’ motion to dismiss the JUUL marketing lawsuits, but he did trim certain claims asserted by the Grand Traverse Band under Michigan state law.

The judge will also allow the tribes to file amended JUUL lawsuits to include additional support for their RICO claims.

Tribes Allege JUUL Created E-Cig Epidemic, Harmed Communities

The tribes’ lawsuits were selected as bellwether cases in the JUUL marketing MDL. They allege JUUL, Altria and executives deceptively targeted American Indian and Alaska Naitive communities with their addictive and dangerous e-cigarette products.

The tribes allege the JUUL defendants “engaged in activities and conduct that took place on or had a direct impact on land that constitutes Indian Country within the Tribe’s jurisdiction and territory” and that JUUL’s promotion of the e-cigarettes on tribal lands and surrounding areas “created the JUUL epidemic, which resulted in a foreseeable crisis and significant harm to the Tribe and its members.”

The alleged harm suffered by the tribes includes lost productivity of the tribes’ members, increased administrative costs and lost opportunities for the tribes’ growth and self-determination.

Additionally, the tribes claim that they have been forced to take significant action to protect the health, education and welfare of their members, including the ban of flavored e-cigarette products and raising the minimum age to purchase e-cig products to 21.

Earlier, the JUUL defendants successfully convinced the judge to permanently dismiss 19 individual plaintiffs from the JUUL marketing MDL because the tribes failed to provide adequate information about their injuries.

In December 2021, JUUL and Altria reportedly asked a judge to preliminarily approve a proposed $90 million JUUL marketing class action settlement with investors who claim the companies knowingly marketed their addictive e-cigarettes to youth.

Have you or a loved one suffered heart or lung injuries after using e-cigarettes that contain nicotine and/or THC? Find out if you’re eligible to join a free Vaping Side Effects Lawsuit Investigation.

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 and Chippewa Indians is represented by Sona R. Shah and Henry Avery of Zwerling Schachter & Zwerling LLP; Dan Drachler, Elizbeth 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 Endreson & Perry LLP.

The JUUL Tribe MDLis In re: JUUL Labs Inc. Marketing, Sales Practices and Products Litigation, Case No. 3:19-md-02913, in the U.S. District Court for the Northern District of California.

Read About More Class Action Lawsuits & Class Action Settlements:

• 7-Eleven Class Action Claims Company Misleadingly Markets JUUL E-Cigs As Safer Alternative To Regular Cigarettes
• Recall Check: Tastykake Recall Expanded To Include More Products Possibly Containing Metal Mesh Wire
• Uber Eats Overcharges New York Customers on Sales Tax, New Class Action Alleges
• Recall Check: Kroger Recalls Country Oven Baked Goods Because of Possible Metal Fragment Contamination