How to File a Class Action Lawsuit Juul
Legally Reviewed and Edited by: Terry Cochran
As of July 15, 2021, there were 2,339 lawsuits against JUUL across the United States. To speed up the proceedings, these cases were combined in multidistrict litigation (MDL-2913). Essentially, the cases are transferred to a single court to deal with procedural matters such as discovery and pretrial issues.
This MDL was assigned to Judge William Orrick of the North District of California. MDL-2913 comprises individual personal injury, class actions, school district public nuisance, county, and municipality cases.
Michigan has not joined any class action lawsuits against Juul as of 2021. However, this does not mean that it will not do so in the future, especially given that the MDL process expedites the progress of the cases through the courts.
Do I Have a Claim?
Before filing a lawsuit, it is essential to determine whether you have a valid claim. To evaluate your eligibility to file a suit, you can look at the other actions being pursued against Juul.
There are two types of lawsuits available to a plaintiff in these cases:
- Product liability: The onus is on you to prove the product was defective or sold by the manufacturer, knowing there were health hazards they did not disclose to potential customers.
- Medical liability: You must show a direct link between your health problem and using the product.
Current Legal Actions Against Juul
The current legal actions allege that Juul:
- Marketed their e-cigarettes to young people through social media knowingly and intentionally aiming their advertising at minors
- Promoted Juul products without providing warnings of the danger of nicotine addiction and other health risks
- Sold Juul vaporizers and Juul pods that were defective and were potentially dangerous to their users
These cases allege that Juul used unethical marketing tactics to present their vaporizers as safer alternatives to traditional cigarettes or tobacco products.
They also tempted young people under 18 with a fruit medley of flavors to make the vaping experience more appealing. As a result of this, the FDA sent Juul a warning letter.
Why Do These Lawsuits Exist?
Many lawsuits have been filed on behalf of minors due to their nicotine addiction caused by Juul and other e-cigarette products.
Other actions have been brought as a result of illnesses and injuries brought on by Juul and other vaping products. The health effects of these products include:
- EVALI (e-cigarette or vaping use-associated lung injury)
- Respiratory Disease
- Lung damage
- Bronchiolitis obliterans (also known as popcorn lung)
- Heart attacks
If you have suffered any of these illnesses or injuries after using Juul products, you should seek legal advice from a personal injury lawyer as soon as possible.
What Do I Need to File a Lawsuit?
If you intend to file a lawsuit against Juul, you will need evidence to prove your claim. It is, therefore, vital that you take the following steps:
- Secure the e-cigarette and fluid particularly if you think they are defective
- Obtain copies of your medical reports concerning your condition, medication you are taking, and your doctor’s opinion on whether your condition is deteriorating
- Keep a record of the physical and mental effect your condition is having on your daily life
What is a Class Action Lawsuit?
A class-action lawsuit is where a group or class of victims collectively sue a defendant for the injury the defendant has inflicted on that class of victims. A case against Juul may be based on illnesses resulting from vaping with unsafe products and deceptive marketing practices.
How Does a Class Action Work?
In a class action, the group is represented by a lead plaintiff. They will be someone with injuries or illnesses similar to the rest of the group. Once the lawsuit is filed the lead plaintiff must prove to a judge that:
- There is a valid claim against the defendant
- Every member of the class has similar claims
- The lead plaintiff is able to represent all the members of the class
Once this initial hurdle is overcome, the judge will certify the class, and the class action can proceed. Damages are assessed for each defendant individually.
Should I Join a Juul Class Action?
If you or a family member has suffered an illness or injury through vaping, you should seek legal advice to safeguard your legal rights. The experienced attorneys at the law firm Cochran, Kroll & Associates P.C. have a proven record in medical and product liability cases. We can guide you successfully through this complex process.
Senior partner Eileen Kroll is a registered nurse with previous extensive experience in the medical field. She can offer unique insight into your case based on how Juul has impacted your health.
Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 866-MICH-LAW and schedule your no-obligation, free case evaluation.
Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.