School districts file case against JUUL

Mass tort litigation against e-cigarette manufacturer based on public nuisance law

The mass tort litigation paperwork is so long, 300 pages, it’s bound on a wide-ring binder like a Hollywood screenplay. Similarly, it also has a villain character, young victims at risk and a vault of cash at stake.

The nationwide lawsuit includes a dozen Indiana school districts, along with Chicago Public Schools and other Illinois suburban districts, filed against e-cigarette maker JUUL, based on the same public nuisance law used to combat opioid manufacturers.

“We’re talking about found money here involving the same bad player in every community — JUUL,” said a local attorney who receives referral fees for every school district he signs up for this lawsuit. “This litigation is a contingency case, meaning if we win, the schools win. If we lose, the schools don’t owe a dime.”

Yet most school districts in this area are not interested or not aware of the lawsuit.

“I am not aware of any discussion yet regarding Portage Township Schools joining the lawsuit,” said Portage attorney Kenneth Elwood, who legally represents that district.

I reached out to several school districts to see if this litigation is on their radar. Only two replied.

“Our district is familiar with this lawsuit, but at this time Crown Point Community School Corporation does not plan to join the litigation against JUUL,” said CPCSC Superintendent Todd Terrill.

Griffith and East Chicago are the only two school districts in Northwest Indiana currently joining the lawsuit, with the School City of East Chicago officially signing on Monday. All it takes is filling out a 12-page plaintiff fact sheet from school officials or attorneys.

Wagstaff & Cartmell, a Kansas City, Missouri-based law firm, along with a coalition of other law firms, filed the litigation on behalf of four “bellwether” school districts — in San Francisco, Tucson, Arizona; Palm Beach, Florida; and Wichita, Kansas — selected for a trial scheduled in 2022. It allows other school districts to hold companies responsible for the

damage they cause to society: “damage that is addicting an entire generation of middle and high school kids to nicotine.”

The lawsuit is gaining traction among school districts across the country, with other school districts still joining and assurances of no out-of-pocket costs.

“The devastation and damage that JUUL has created, with teen-targeted advertising and marketing, and youth-focused products, has created a huge problem for many schools” said Jon Kieffer, one of the attorneys at Wagstaff & Cartmell. “JUUL has deliberately designed a product that attracts kids and then hooks them.”

I agree with this statement, though when I wrote about it in 2019, a JUUL spokesperson was quick to contact me to clarify the company’s mission: “JUUL Labs shares a common goal with policymakers, regulators, parents, school officials, and community stakeholders — preventing youth from initiating on nicotine. We are committed to preventing youth access of JUUL products, and no young person or non-nicotine user should ever try JUUL.”

JUUL pods, as the vaporizers are called, look like a USB flash drive, a ubiquitous piece of technology used by many middle and high school students, the lawsuit states: “When inhaled, the pods release a blast of JUUL’s patented (and highly addictive) nicotine salts, in teen-sanctioned flavors like fruit medley, mint and crème brûlée.”

As I wrote in 2019: “Instead of e-cigarettes serving solely as a weaning tool for adult smokers, these flavored vaping devices serve as a gateway to smoking for teens. If you’re a parent whose experimental teenager is ‘just vaping,’ you’re just not paying attention.”

JUUL, a slickly marketed firm, bills itself as being in the business of helping adult smokers to quit smoking tobacco. Its mission statement — to improve adult smokers’ lives — obviously isn’t the same as its business plan, to improve profits by converting traditional cigarette smokers while recruiting new ones, I say.

“Any settlement money or judgment proceeds could be helpful to recoup the enormous cost of fighting JUUL’s addiction,” said Jewell Harris Jr., attorney for the School City of East Chicago. “School districts across the country are at their tipping point with major budget cuts.”

If this mass tort litigation wins in court or through a settlement, any money would go directly to the schools that signed on, to be used on whatever need is deemed a priority, such as installing vaping smoke sensors in school bathrooms, “now known as the JUUL room,” the lawsuit states.

Indiana school districts joining the lawsuit include Indianapolis, Carmel, South Bend, Mishawaka, and Fort Wayne. In Illinois, school districts from Waukegan, Springfield and Champaign. Most discussions about this lawsuit are done in private conversations between school administrators and attorneys, or in executive session, not in front of parents at public meetings, I’m told.

I wonder what parents think about this litigation and the potential financial windfall for cash-strapped schools that could use a boost. In a follow-up column, I will share input from parents and from JUUL, whose mission is to “transition the world’s billion adult smokers away from combustible cigarettes, eliminate their use, and combat underage usage of our products,” its website states.

It’s obvious there is a public health danger for teenagers who vape by “JUUL-ing,” by any means necessary, whether it’s in school restrooms, in their car in the parking lot, or through the drawstrings of their hoodies. Addiction is addiction at any age.

“School districts are standing up for their students and fighting back at JUUL, right where it hurts, in their multibillion-dollar coffers,” the lawsuit news release states. “This litigation is taking a stand against JUUL and other manufacturers.”

Obviously, the multiple law firms behind this litigation are also taking a stand to fill their bank accounts with a significant portion of any settlement money from JUUL. The local attorney I spoke with, who’s receiving referral fees for each school district, hinted at possible six-figure monetary gains for school districts if this lawsuit is successful.

“Why are school districts not interested in this settlement money during these challenging times?” he said.

I haven’t yet been given an answer.