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

Industry InsightNews by TOP CLASS ACTIONS
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.

  Modified Risk Applications for ZYN Nicotine Pouches Now Under FDA Scientific Review
Modified Risk Applications for ZYN Nicotine Pouches Now Under FDA Scientific Review
FDA has accepted MRTP applications for 20 ZYN nicotine pouches, following their PMTA approval in January. Public comment period now open.
Jun.18
Non-Nicotine Smoking Cessation Drug Cytisinicline Submitted for FDA Review
Non-Nicotine Smoking Cessation Drug Cytisinicline Submitted for FDA Review
Cytisinicline has been submitted for FDA approval and, if approved, would become the first non-nicotine smoking cessation drug in 20 years.
Jul.07 by 2FIRSTS.ai
Barnet, UK Seizes Nearly $60,000 Worth of Illegal Tobacco Products; Three Shops Shut Down
Barnet, UK Seizes Nearly $60,000 Worth of Illegal Tobacco Products; Three Shops Shut Down
Barnet Council seized nearly £50,000 ($60,000) in illegal tobacco and e-cigarettes, closing three shops. Adam’s Smoke Shop was shut for three months for hiding smuggled cigarettes. Confiscated items included 1,400 packs of illegal cigarettes, nearly 1,000 disposable vapes, and shisha tobacco.
Jul.29 by 2FIRSTS.ai
From Combustion to Conversation: BAT’s Omni Platform Tackles Misconceptions About Nicotine — A 2Firsts Exclusive Interview
From Combustion to Conversation: BAT’s Omni Platform Tackles Misconceptions About Nicotine — A 2Firsts Exclusive Interview
Launched in 2024, BAT’s Omni platform aims to advance tobacco harm reduction, dispel misconceptions about nicotine, and accelerate the transition to a smokeless future through science. In this 2Firsts exclusive interview, BAT’s head of strategic and digital communications shares insights on Omni’s vision and global impact.
Jul.15
Rethink. Redefine. —— 2Firsts Global NGP Rethink Forum Held in Shenzhen
Rethink. Redefine. —— 2Firsts Global NGP Rethink Forum Held in Shenzhen
On July 25, 2Firsts successfully hosted the Global NGP Rethink Forum in Shenzhen. The event brought together leading experts from China and abroad in the novel tobacco industry for in-depth discussions on key topics including product design and trends, emerging market opportunities, and science-based harm reduction.
Jul.25 by 2FIRSTS.ai
Reynolds Tobacco Company Wins U.S. Supreme Court Support to Challenge FDA Ruling Locally
Reynolds Tobacco Company Wins U.S. Supreme Court Support to Challenge FDA Ruling Locally
On June 20, the U.S. Supreme Court ruled 7-2 in favor of e-cigarette companies, making it easier for them to sue over FDA decisions blocking product market entry. The case, filed by RJ Reynolds, challenges FDA’s denial of the Vuse Alto e-cigarette. The ruling could shift the balance between the industry and regulators.
Jun.23 by 2FIRSTS.ai