Juul lawsuit over advertising vaping products to youth sees 4 classes certified

Industry InsightNews
Jul.06.2022

Juul MDL Class Certification overview:

Who: A federal judge in California certified four classes of consumers in an MDL against Juul Labs Inc.

Why: Consumers argue Juul deceived its minor customers with the advertising for its vaping devices.

Where: The MDL is being litigated in California federal court.

A federal judge in California certified four classes of consumers involved in multidistrict litigation arguing Juul Labs Inc. was deceptive in the way it advertised its Juul vaping devices to young people.

 

Classes include a nationwide Class of adults and a nationwide Class of minors who bought Juul devices, along with a Class of minors and a Class of adults who bought Juul e-cigarette devices in California.

 

The judge overseeing the MDL ruled claims of unjust enrichment, unfair conduct, fraud, warranty violations, and an organized scheme claim under the Racketeer Influenced and Corrupt Organizations Act were common amongst the four classes.

 

Juul had unsuccessfully argued that the customers had not shown that the claims they brought forth were predominant enough among the classes to warrant class action status.

 

The e-cigarette company argued that the customers were all acting as individuals when purchasing—and continuing to use—Juul vaping devices.

Juul lawsuit over advertising vaping products to youth sees 4 classes certified

Juul Argues Relevant Facts Related To Alleged Conduct Always ‘Changing’

 

Juul also argued that any relevant facts related to its alleged conduct are continually changing, such as its marketing campaigns, labeling, and the devices flavors and design.

 

The judge disagreed with Juul, however, ruling that questions—such as how much the company’s alleged “youth-oriented” marketing played a role in the amount of youth using the product—was subject to the opinion of experts representing each side.

 

“Resolution of these fact-driven disputed issues raises common predominant issues that will likely be resolved by the trier of fact,” the judge said. “Remaining differences can be addressed by well-recognized case management and trial plan strategies.”

 

Last July, a federal judge declined to toss 18 separate bellwether complaints’ filed against Juul and its largest investor over claims they misled consumers about the safety of the vaping devices and helped fuel a vaping epidemic amongst young people.

 

Have you purchased a Juul vaping device? Let us know in the comments!

 

The plaintiffs 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 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.

 

The content excerpted or reproduced in this article comes from a third-party, and the copyright belongs to the original media and author. If any infringement is found, please contact us to delete it. Any entity or individual wishing to forward the information, please contact the author and refrain from forwarding directly from here.

Virginia asks Fourth Circuit to stay order blocking parts of its unauthorized-vape sales law
Virginia asks Fourth Circuit to stay order blocking parts of its unauthorized-vape sales law
Virginia has asked the U.S. Court of Appeals for the Fourth Circuit to stay a district court order that blocks enforcement of certain provisions of a state law restricting the sale of unauthorized vaping products. The district court held the law was preempted to the extent it enforced federal requirements under the FDCA and the Tobacco Control Act.
Jan.21 by 2FIRSTS.ai
Small ENDS Manufacturers Press FDA on Abuse Liability Standards as Agency Defines Pharmacological Review Framework
Small ENDS Manufacturers Press FDA on Abuse Liability Standards as Agency Defines Pharmacological Review Framework
At the third session of its PMTA roundtable, the FDA outlined its framework for assessing abuse liability in ENDS products, emphasizing the role of nicotine pharmacokinetics and product-specific data in APPH determinations. Small manufacturers questioned the high cost of clinical PK studies and the absence of defined numeric thresholds, while raising bridging strategies and PBPK modeling as potential alternatives.
Feb.11
Philip Morris and BAT’s Nicoventures Win EPO Appeal to Revoke VMR Vape Patent
Philip Morris and BAT’s Nicoventures Win EPO Appeal to Revoke VMR Vape Patent
The EPO Technical Board of Appeal 3.2.02 (T 1319/24) revoked VMR Products LLC’s EP3613453 “VAPORIZER” patent after finding that a 2012 YouTube video of the Innokin iTaste VV (D3) disclosed the claimed electrical contact arrangement. Opponents Nicoventures Trading Ltd (BAT subsidiary) and Philip Morris Products S.A. prevailed.
BATPMI
Feb.17
PMTA Roundtable Opens with Industry Questioning Product Characterization Standards, FDA Defends Regulatory Boundaries
PMTA Roundtable Opens with Industry Questioning Product Characterization Standards, FDA Defends Regulatory Boundaries
At the opening of FDA’s PMTA roundtable, small ENDS manufacturers warned that unclear product characterization standards are limiting their ability to invest and raise capital. FDA officials acknowledged industry concerns but said regulatory flexibility is constrained by statutory and procedural boundaries.
Feb.11
China’s E-Cigarette Exports Fall Slightly to USD 10.6 Billion in 2025, U.S. Market Further Consolidates Lead
China’s E-Cigarette Exports Fall Slightly to USD 10.6 Billion in 2025, U.S. Market Further Consolidates Lead
China’s e-cigarette exports totaled approximately USD 10.60 billion in 2025, down 3.3% year-on-year from USD 10.96 billion in 2024, according to annual trade data released by the General Administration of Customs of China. Despite the mild decline, exports remained firmly above the USD 10 billion mark, with a clear rebound in the fourth quarter.
Jan.20 by 2FIRSTS.ai
UK Barnsley: Town-centre vape shop and owner hit with £15,000+ bill after ignoring three improvement notices
UK Barnsley: Town-centre vape shop and owner hit with £15,000+ bill after ignoring three improvement notices
A Barnsley town-centre vape retailer and its owner have been ordered to pay more than £15,000 after admitting multiple offences linked to the continued sale of illegal single-use vapes and non-compliant food items, despite three formal improvement notices.
Feb.06 by 2FIRSTS.ai