WATSONVILLE—Pajaro Valley Unified School District has filed a lawsuit against e-cigarette company Juul Labs Inc. for its role in creating an epidemic among young people.
The lawsuit, which includes 25 school districts throughout California, also blames the company for the resurgence of young people that are addicted to nicotine, which plaintiffs say “impedes the educational and learning environment in schools across California.”
PVUSD joins districts such as Los Angeles Unified School District, the second-largest school district in the nation. In total, the class-action lawsuit represents more than 1 million students.
“We are committed to educating the whole child, which includes protecting students’ mental and physical health,” said PVUSD Superintendent Michelle Rodriguez. “We want to hold JUUL responsible for the negative impact they are having on our students, families and community.”
Also known as vaping, e-cigarettes work by heating a liquid into vapor inside a small electronic device, which the user then inhales.
According to the Centers for Disease Control and Prevention, more than 6,100 young people start vaping every day. Experts say the practice is particularly dangerous because a single JUUL pod contains as much addictive nicotine as an entire pack of cigarettes, according to the U.S. Surgeon General.
John Fiske, an attorney with Baron & Budd law firm–which is leading the lawsuit–says that it aims to stop the company from marketing its products to young people.
JUUL, he says, has done so in 17 Magazine–whose readership is largely adolescent girls–and on the children’s channel Nick Jr.
All of this, he said, was done using young models.
“They did it in a way that would, unfortunately, sell a lifestyle to these young people,” he said. “We are asking JUUL to correct the record. The company needs to re-educate the public and youth as to the addictive nature of their products.”
Juul Labs Inc. did not respond to several requests for comment. But in 2019, company CEO Kevin Burns issued a public apology to parents of young people who became addicted to their products.
“First of all, I’d tell them that I’m sorry that their child’s using the product,” he said. “It’s not intended for them. I hope there was nothing that we did that made it appealing to them.”
Fiske says that the company has pulled from the shelves its flavored tobacco products that had names such as cucumber, bubble gum, mango, vanilla and mint. Other vaping companies offer such flavors as gummy bears, sour patch and cotton candy.
That move was a “good first step,” Fiske said, but added that it wasn’t enough.
“We want them to not market to youth in any way whatsoever,” he said.
The districts are also seeking financial compensation for the losses they suffer as a result of student absences. The compensation would also cover costs of education programs regarding the risk of vaping, and for enforcement restrictions such as vape detectors, surveillance systems, and staff to monitor the schools for e-cigarettes.
Fiske did not give a dollar amount that the lawsuit is seeking.
Since entering the market in 2015, JUUL has dominated the e-cigarette industry and has controlled over 70 percent of the market, according to Baron & Budd.
More than 1 million JUUL e-cigarettes were sold between 2015 and 2017, helping sales of that product grow 97 percent to $1.96 billion between June 2017 and June 2018 alone.
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School districts involved in the suit:
Pajaro Valley Unified, San Diego Unified, Glendale Unified, Compton Unified, Anaheim Elementary, King City Union, Ceres Unified, Chico Unified, Davis Joint Unified, Poway Unified, Rocklin Unified, Acalanes Union High, Monterey Peninsula Unified, Anaheim Union High, Castro Valley Unified, Campbell Union High, Cajon Valley Union, North Monterey County Unified School District, Pacific Grove Unified School District, Fairfield-Suisun Unified School District, El Dorado Union High School District, Downey Unified School District, Menifee Union, and Santa Cruz City Schools.
