Juul, Altria Must Face Public Nuisance and Negligence Claims

Juul, Altria Must Face Public Nuisance and Negligence Claims

Consumers and government entities accusing Juul and Altria of unleashing a youth vaping epidemic cleared a hurdle in sprawling multidistrict litigation against the companies when a California federal judge found that their public nuisance and negligence claims pass legal muster.

In a 152-page order, U.S. District Judge William H. Orrick said the plaintiffs accusing the companies of deceptively marketing vaporizers to hook kids on nicotine had adequately pled their cases, rejecting a host of arguments by Juul Labs Inc. and Altria Group Inc.

He said the complaints adequately claimed that Juul’s conduct – such as target social media marketing and sale of mango-and mint-flavored products – “created and maintained an illicit youth market of school-age youth addicted to nicotine, causing extreme disruption in classrooms and unique harm to schools.”

“This alleged conduct hooked millions of teenagers onto vaping with an addictive product that is easily concealed in schools, and foreseeably caused a multitude of problems for the school districts,” Judge Orrick said.

The design and deceptive marketing claims undergirded the civil Racketeer Influenced and Corrupt Organizations Act claims in the suits, which say Juul and Altria executives conspired for the common purpose of “maintaining and expanding the number of nicotine-addicted e-cigarette users” to grow Juul’s “massive, and ill-gotten, share of the e-cigarette market.”

Altria has argued it can’t be held liable for Juul’s actions before the 2018 deal, disputing the plaintiffs’ claims that it worked with Juul behind the scenes beforehand and laid the groundwork for the crisis with its lobbying efforts. Juul, meanwhile, has argued that there is nothing illegal about selling flavored products, blasting the suits as “expansive and unfounded.”

Representatives of the parties did not immediately respond to requests for comment.

Share

Litigation Updates

Vape Co. to pay $51M over youth ad blitz, mass. AG says

December 16, 2021

December 16, 2021

Vape Co. to pay $51M over youth ad blitz, mass. AG says

Juul Urges Federal Judge to Select School Districts as First Two MDL Bellwether Trials

November 2, 2021

November 2, 2021

Juul Urges Federal Judge to Select School Districts as First Two MDL Bellwether Trials

New Mexico E-Cigarette Shop Hit with $2.5 million Jury Verdict for Defective Lithium-Ion Battery

October 15, 2021

October 15, 2021

New Mexico E-Cigarette Shop Hit with $2.5 million Jury Verdict for Defective Lithium-Ion Battery

E-Cigarettes, Including JUUL, Under Review and Potentially Banned

September 20, 2021

September 20, 2021

E-Cigarettes, Including JUUL, Under Review and Potentially Banned

Chicago Files E-Cigarette Lawsuit Over Flavored Tobacco After New Tobacco Regulations

February 2, 2021

February 2, 2021

Chicago Files E-Cigarette Lawsuit Over Flavored Tobacco After New Tobacco Regulations

Juul, Altria Must Face Public Nuisance and Negligence Claims

October 27, 2020

October 27, 2020

Juul, Altria Must Face Public Nuisance and Negligence Claims

CLIENT REVIEWS

quotation
Tom Lewis

TorHoerman Law was responsible for handling a medical case for our family. I was extremely impressed with their professionalism and ability to react quickly. They also did a nice job keeping us updated with the case throughout the process. This was the first time experiencing a situation like this and Tor Hoerman law did an excellent job from start to finish.

quotation
Jordan Terry

TorHoerman Law is an extraordinary law firm – a firm that truly makes the client’s best interests the primary concern. Their team of personal injury lawyers are experienced, personable, and well versed in a range of litigation areas. They are supported by a dedicated team of staff that are as equally friendly and helpful. I would recommend TorHoerman Law for any personal injury litigation needs.

quotation
Dave Woodley

All of my questions were answered quickly and in a way I could understand. Steve and the entire staff were friendly and professional.

quotation
Jordan Butler

I highly recommend this law firm! The attorneys and staff at THL worked hard, communicated every step of the process, kept me well informed at all times, and exceeded all expectations! The staff is kind, considerate, professional, and very experienced. Look no further, call now!

quotation
Maddy Moeller

Top-notch, hardworking attorneys!

quotation
Karen Hersman

A wonderful and professional legal team. They helped me when I needed expert legal representation! Thank you TorHoerman Law!

THANK YOU FOR YOUR MESSAGE

One of our associates will follow up with you shortly