SAN FRANCISCO – O’Fallon Township High School joined national litigation of a claim that Juul Labs targeted teenagers for addiction to electronic vapor.
The school sued Juul at U.S. district court in East St. Louis on Nov. 4, and the court transferred the suit to multi district litigation in San Francisco, where Judge William Orrick presides.
Defendants in his court include Nicholas Pritzker, a brother of Gov. J.B. Pritzker and an early investor in Juul.
The OTHS lawsuit does not include Pritzker as defendant.
The school’s suit names Juul, cigarette maker Philip Morris, and Altria Group as owner of Philip Morris and 35 percent owner of Juul.
It also names Pax Labs, which developed Juul and spun it off.
O’Fallon Township High School retained attorneys Tor Hoerman of Edwardsville, Jacob Plattenberger of Hoerman’s firm, and Preston Johnson V of Belleville to pursue the claim.
The school also retained Thomas Cartmell, Jonathan Kieffer, Tyler Hudson, Kirk Goza, and Brad Honnold, all of the Kansas City area. And, it retained Andy Birchfield and Joseph VanZandt of Montgomery, Ala.
In Orrick’s court, Cartmell acts as one of three liaisons between lawyers in state and federal cases. Honnold and VanZandt belong to the plaintiff steering committee.
The complaint presents allegations already familiar to Orrick, with no specific references to OTHS.
It quotes studies, surveys, and news reports, all more than a year old.
“Nicotine use among America’s youth is rising sharply,” it claims.
It claims Juul misrepresented the amount of nicotine its devices delivered.
“Juul created a misleading impression that its products were a healthy alternative to smoking,” it claims.
It claims Juul forced educators to spend significant resources to combat, police, and try to prevent illegal and unhealthy use of Juul products.
It seeks triple damages, punitive damages, declaratory relief, injunctive relief, attorney’s fees, costs, and interest.
Superintendent Darcy Benway, in an interview on Nov. 10, said the school board unanimously approved the suit in October 2019.
“Our students are vaping and we’re concerned for our students,” she said. “This is not about money as much as it is about addressing vaping.”
She said vaping is easy to hide and it’s an educational distraction.
The school filed its complaint 12 days after judge Orrick denied motions to dismiss claims of seven government entities including school districts.
Orrick called it a first wave of decisions in litigation that so far involves about 100 school districts, about 100 local governments, and about 1,000 individuals.
He dismissed some claims but granted leave to amend them.
He denied motions to dismiss claims against electronic vapor inventors Adam Bowen and James Monsees.
He dismissed claims against Juul directors Hoyoung Huh, Riaz Valani, and Pritzker, but granted leave to amend.