Juul Lawsuits Filed by U.S. Organizations Pre-Reviewed in California as Case Count Keeps Rising

According to reports on February 11, the U.S. Judicial Panel on Multidistrict Litigation (JPML) ordered last October that all federal JUUL lawsuits be consolidated in the U.S. District Court for the Northern District of California for pretrial proceedings. District Judge William H. Orrick was assigned to oversee the process.

Since then, both sides have been working to prepare a limited number of cases for early trials. At the same time, the number of lawsuits has continued to grow, with nearly 300 cases pending and more expected to be filed in the coming months.

According to the recent case management conference held on January 13, 2020, the court discussed many topics, including the importance of maintaining civility and cooperation among counsel, as well as effective methods and timing for the parties to consider settlement discussions.

The court also reminded the parties of the importance of coordinating effectively with actions in state courts, and required a list of all pending motions and a proposed timetable for resolving them before the next status conference.

Finally, the court set the case management schedule for the third Friday of each month. The next hearing was scheduled for February 14, 2020, followed by another on March 20, 2020.

JUUL is also facing a growing number of lawsuits in state courts across the country. In addition to individuals claiming harm from JUUL vaping products, schools have also filed claims against the company, alleging that JUUL significantly contributed to vaping among middle and high school students.

School districts that have already filed JUUL lawsuits include San Diego Unified School District, Los Angeles Unified School District, and other districts in Glendale, Compton, and Anaheim.

And that is only in California. Others in states such as Kansas, Missouri, New York, and Washington have done the same.

San Diego in particular is seeking compensation for financial losses caused by student absences related to vaping, which could reduce the amount of federal funding available to schools. Schools are also trying to hold JUUL accountable for promotional programs allegedly designed to recruit young users.

In September 2019, the U.S. Food and Drug Administration (FDA) sent JUUL a warning letter over the unauthorized marketing of its products, citing statements by JUUL representatives to students that JUUL was much safer than cigarettes and that the FDA would approve it any day.

The U.S. House Committee on Oversight and Reform began investigating JUUL’s role in the youth nicotine addiction epidemic in the summer of 2019, and heard testimony from witnesses describing their experiences at JUUL school presentations, where company representatives often assured young people that JUUL was completely safe.

To curb the youth vaping epidemic, the FDA recently banned most flavors used in cartridge-based vaping devices that appeal to teenagers. These mainly include mint as well as fruit or sweet flavors.

Companies that do not stop producing, distributing, and selling these products may face FDA enforcement action.