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November 3, 2021

 

 

  • JSD to join other districts in lawsuit to hold e-cigarette company responsible

By Myrna Trauntvein
TN Correspondent

The Juab School District is joining a class-action federal lawsuit against Juul Labs, the makers of electronic cigarettes.

The lawsuit alleges the e-cigarette maker has downplayed the health risks of its products in marketing campaigns to minors, which has led to an increase in vaping on school campuses.

About 500 school districts across the country, including Juab, Tooele, Provo, Ogden, Jordan, Salt Lake, Washington, South Sanpete and Canyons, have become a part of the suit, according to Joel Wright with Kirton McConkie, the law firm representing Utah’s school districts.

“We entered a contract with Kirton McConkie,” said Dr. Kody Hughes, superintend of Juab School District.

“Each client of Kirton McConkie PC is served by a lead attorney,” read the contract letter sent to the district. “The lead attorney for your matters will be Joel Wright.”

Frantz Law Group, APLC, will pay Kirton approximately 30 percent of the fees that they charge the district which will be a percentage of the lawsuit payout.

Kirton has agreed to provide the district with communication and assistance on the initial preparation of the federal litigation against Juul Labs, Inc. All other work related to the litigation will be handled by Frantz.

The suit has been filed in U.S. District Court of the Northern District of California where Juul is headquartered. The trial is scheduled to begin in March.

Since their introduction to the U.S. market in 2006, electronic cigarettes, or vaping devices, with their colorful designs and sweet flavors named after popular desserts, candy and fruit, have grown increasingly popular.

They have been especially appealing among teenagers and young adults. The Utah Department of Health estimates that nearly 25 percent of Utah students in eighth, 10th, and 12th grades have tried vaping.

Juul discontinued the manufacturing and sale of all flavors besides menthol and tobacco in November 2018 after reports of increased use among minors.

“The class action lawsuit is aimed at holding the company responsible and seeks damages for the vaping epidemic on school campuses around the country,” said Hughes.

The lawsuit claims that Juul was not forthright and transparent about what was contained in the e-cigarettes. They hold a high level of nicotine, are highly addictive and were not marketed that way.

With flavors like Captain Crunch and other flavors that appeal to the youth, Juul has captured the young consumer.

Vaping products, also known as e-cigarettes, are battery-powered devices that heat up a liquid to create an aerosol vapor that contains nicotine, flavorings and other chemicals.

They don’t have the tobacco odor and are designed to resemble USB flash drives, keychains or lipstick tubes so youth can use them in plain sight and can even plug them into a laptop.

“We do still have an approximately 500 item questionnaire to answer,” said Hughes.