Breaking: July 23, 2021 – Juul must face bellwether lawsuits.
Juul Labs Inc and its investor Altria Group have lost its bid to have 18 of its bellwether cases dismissed.
Eighteen pending personal injury cases by individuals have been designated as bellwethers. Altria and the founders and directors moved to dismiss those cases on multiple grounds, including that they were not sufficiently involved in Juul’s alleged conduct to be liable.
U.S. District Judge William Orrick in San Francisco rejected that argument. He found that the plaintiffs have sufficiently alleged the founders’ “personal participation (including their intent, aims, and control over) the testing, design, marketing, and sales of the product.”
He further added: “positions on and control over the board and management that allegedly allowed these defendants to control and continue unabated (Juul’s) efforts to grow the youth market.”
The case MDL is Juul Labs Inc, Marketing, Sales Practices, and Products Liability Litigation, U.S. District Court for the Northern District of California, No. 19-md-02913.
In a few short weeks, the Judicial Panel on Multidistrict Litigation (JPML) will decide whether or not to consolidate e-cigarette cases currently filed in federal courts in four states.
The JPML will hear arguments on Sept. 26 in a Los Angeles courtroom, and hand down its decision to coordinate all federally filed e-cigarette cases in the U.S. District Court for the Northern District of California.
There are currently at least five cases filed in the Northern District of California. If the JPML decided to consolidate, at least five other cases filed in district courts in Florida, Alabama and New York could be transferred to California.
JUUL Labs Inc. filed a motion on Aug. 29 to stay all cases in the Northern California litigation, pending the decision from the JPML.
The e-cigarette lawsuits accuse JUUL of deceptive marketing practices and failing to warn consumers about the risks of its e-cigarette products. Lawsuits allege JUUL unlawfully marketed its products to teens, and failed to disclose the true amount of nicotine contained in its products.
One lawsuit filed in Northern California claims JUUL pods contain a 6.2% nicotine formulation, far more than the 5% formulation that is currently claimed by JUUL.
E-cigarette lawsuits have survived several attempts by JUUL to dismiss, including a recent attempt in which U.S. District Judge William H. Orrick denied in part JUUL’s motion to dismiss all plaintiffs’ claims and compel arbitration.
The JPML hearing on coordination scheduled for Sept. 26, 2019 beginning at 9:30 am in the United States Courthouse in Los Angeles, California.
The cases are Colgate, et al., v. JUUL Labs, Inc., et al. (18-cv-02499-WHO) in the U.S. District Court for the Northern District of California, and In Re: JUUL Labs, Inc., Marketing, Sales Practices, and Products Liability Litigation (MDL No. 2913).
E-cigarette users who developed severe health problems are also filing lawsuits against JUUL Labs, the maker of JUULl vape pens, and other e-cigarette manufacturers including Blu, NJOY, Vuse, Joyetech, and Apollo.
These lawsuits accuse JUUL of manufacturing a defective product and failing to warn about its risks. They allege e-cigarettes caused users severe health problems, including lung injuries and seizures. At least 200 cases of vaping-related lung illnesses related to the use of e-cigarettes are now being investigated by the Centers for Disease Control and Prevention.
If you used e-cigarettes and developed lung issues or other health complications, you may be entitled to financial compensation. Call 1-800-631-5656 to speak with a member of our legal team today, or use the form on the right-hand side of your screen.
JUUL MDL page updated on July 23, 2021.