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The Federal Judicial Panel on Multidistrict Litigation [MDL] entered an order yesterday creating a MDL and centralizing all federal cases against JUUL Labs, Inc into the courtroom of U.S. District Judge William Orrick of the Northern District of California. On October 2nd, the U. S. Judicial Panel on Multidistrict Litigation heard oral argument from the attorneys involved in over 50 current Federal lawsuits filed against JUUL Labs, Inc. [JLI] and granted the motion to form the MDL.

The lawsuits allege JUUL has marketed it’s JUUL nicotine delivery products in a manner designed to attract minors, that JUUL’s marketing misrepresents or omits that JUUL products are more potent and addictive than cigarettes, that JUUL products are defective and unreasonably dangerous due to their attractiveness to minors and that JUUL promotes nicotine addiction.

Recent articles from the New England Journal of Medicine outline a more damaging consequence to using JUUL/vaping – catastrophic damage to users lungs resulting in permanent injury and death. The September 6, 2019 article entitled “Vaping-Induced Lung Injury” from the New England Journal of Medicine reports that the Centers for Disease Control and Prevention announced in late August 2019 that at least 215 acute, severe respiratory distress cases have been identified, spanning 25 states, and at least 2 deaths. All related to vaping and e-cigarettes. According to author David C. Christiani, M.D., “there is clearly an epidemic that begs for an urgent response”. Michigan has quickly responded in recognizing this epidemic and a flavored vaping ban is now in effect.

This newly formed Multidistrict Litigation involving JUUL will be procedurally similar to the MDLs formed in the Municipal Opioid Litigation and the Roundup Cancer litigation that Smith & Johnson is currently involved in. Smith & Johnson is currently interviewing potential Michigan claimants for inclusion in this Federal MDL re: JUUL e-cigarettes. If you have questions about this litigation and what rights you may have, please contact Attorney Tim Smith at 231.946.0700 for a free consultation.

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