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Home / JUUL / JUUL LITIGATION UPDATE “MAKING BIG TOBACCO PAY”

JUUL LITIGATION UPDATE “MAKING BIG TOBACCO PAY”

Categories: JUUL Tags: big tobacco, e-cigarettes, juulMay 19, 2021 by Mark York Leave a Comment

In re: Juul Labs, Inc. Marketing, Sales Practices & Products Liability Litigation 3:19-md-2913-WHO

By Mark A. York

(May 19, 2021)

Link: https://www.cand.uscourts.gov/judges/orrick-william-h-who/in-re-juul-labs-inc-marketing-sales-practices-products-liability-litigation/

Why JUUL MDL 2913 IS NEEDED

It’s business as usual in Big Tobacco and e-cigarettes as they follow the Monsanto-Bayer Roundup “Glyphosate is harmless” and Johnson & Johnson “Talc is safe” models of paying influencers to publish contrived media that diverts the truth. This is a defined example of why Mass Torts in America exist.

 AN EXAMPLE OF BIG TOBACCO BAD CONDUCT WHERE SOMEONE ATTEMPTS  TO FRAME PUBLIC OPNION IN FAVOR OF “VAPING IS GOOD”

 

This entity published media that is 100% pro-vaping:

American Institute for Economic Research (AIER)

“Vaping Is Saving Lives”  https://www.aier.org/article/vaping-is-saving-lives/

Filing Date

This is the type of bad conduct that is permitted to frame public opinion by use of embedded “purported thought leaders” who have offered statements and guidance via a pay to comment for a fee paid by whomever may write the checks. These are the “under the radar” public speakers and publishers who mitigate risks of drugs and other consumer products introduced into mainstream commerce in not only the United State but around the world. The response to this type of contrived media above is reflected in the State of Massachusetts JUUL Complaint and Exhibits below.

STATE OF MASSACHUSETTS INITIAL JUUL COMPLAINT WITH EXHIBITS, MASSACHUSETTS SUPERIOR COURT, (Feb 12, 2020):

State of Massachusetts JUUL Complaint (PDF 1.5 MB)

Mass Complaint Exhibit A (PDF 8.24 MB)

Mass Complaint Exhibit B (PDF 24.07 MB)

Mass Complaint Exhibit C (PDF 2.82 MB)

Mass Complaint Exhibit D (PDF 14.5 MB)

Mass Complaint Exhibit E – Launch Photo 1 (PDF 599.39 KB)

Mass Complaint Exhibit E – Launch Photo 2 (PDF 546.39 KB)

Mass Complaint  Exhibit E – Launch Photo 3 (PDF 768.78 KB)

JPML Initial Transfer Order, October 2, 2019

https://www.cand.uscourts.gov/wp-content/uploads/cases-of-interest/in-re-juul-labs/MDL-Transfer-Order-Juul.pdf

Excerpt: “On the basis of the papers filed and the hearing session held, we find that these actions involve common questions of fact, and that centralization – of all actions – in the Northern District of California. These actions share multiple factual issues concerning the development, manufacture, labeling, and marketing of JUUL products, and the alleged risks posed by use of those products.

VAPING AND E-CIGARETTE BACKGROUND

Vaping has become quite popular, particularly among young people who may be unaware of the dangers of nicotine addiction associated with this unsafe product.

Among the major manufacturer of e-cigarettes and vapor pods is JUUL that reportedly controls 75 percent of the e-cigarette market and has marketed the products as a safer alternative to cigarettes, which has led to lawsuits alleging deception and misrepresentation in its failure to disclose that its products contain adverse health elements. Cigarette giant Philip Morris bought a 35 percent interest in JUUL in August 2019, for $35 million.

The way e-cigarettes (or vaping) work is by heating up nicotine-containing flavored oils that come in sealed replaceable, single-use pods that create a vapor that can be inhaled by the user. The devices are slim and easily fit in one’s palm or pocket. The enticement for younger people is that the product comes in different flavors camouflaging the nicotine taste. Evidence is being established that e-cigarette manufacturers deliberately marketed their products to children and teens, a vulnerable population in an effort to get them adducted at an early age.

One of the major trigger points to awareness was  when a suburban Chicago teen was hospitalized for adverse health effects from vaping. He started vaping at age 16 and said his favorite flavors were mint and mango. The 18-year-old’s lungs reportedly looked like that of a 70-year-old after just two years of vaping use.

The Science of Vaping AE’s:

E-Cigarettes and Vaping-Related Disease, via New England Journal of Medicine “A Vape Adverse Event  Repository” evidence based guidance and data on Big Tobacco “Bad Conduct”  https://www.nejm.org/vapingHE

Hospitalizations and Deaths Associated with Vaping aka “EVALI”: https://www.nejm.org/doi/full/10.1056/NEJMoa1915314

Summary: As of January 7, 2020, a total of 2558 hospitalized patients with nonfatal cases and 60 patients with fatal cases of e-cigarette, or vaping, product use–associated lung injury (EVALI) had been reported to the Centers for Disease Control and Prevention (CDC.

What’s the FDA’s stance on Juul?

Well, the FDA hasn’t monitored Juul very well at all, permitting the teen marketing campaigns to run amok at will. never considering whate “tobacco compinies might do, once again” given the opportunity to craete addicts and and make maoney at the same time. In April 2018, the FDA demanded that Juul submit marketing and research documents, and explain what Juul knows about the use of its products among teens. A month later, as part of the FDA’s Youth Tobacco Prevention Plan, the agency also requested information from several other e-cigarette manufacturers. And in October 2018, the FDA visited Juul’s San Francisco headquarters to gather information on the company’s sales and marketing tactics.

Despite the fact that selling tobacco products to minors is illegal, the FDA has so far uncovered 40 violations for illegal sales of Juul products to young people. Warning letters were issued for those violations. The company also shut down its Facebook and Instagram accounts in November 2018 to avoid promoting its product to teens and nonsmokers — two groups that Juul specifically says it does not want to become customers.

In a statement, FDA Commissioner Scott Gottlieb said, “…the nicotine in these products can rewire an adolescent’s brain, leading to years of addiction.”

But, he continues: “Make no mistake. We see the possibility for electronic nicotine delivery systems (ENDS) products like e-cigarettes and other novel forms of nicotine-delivery to provide a potentially less-harmful alternative for currently addicted individual adult smokers … But we’ve got to step in to protect our kids.”

The FDA continues to monitor Juul and vaping in general, recently calling Juul out for marketing the device as safer than it really is, as well as investigating the 120-plus vape-related seizure cases.

The Centers for Disease Control and Prevention (CDC) isn’t a fan of Juul or other e-cigarettes, either. The CDC says outright that e-cigarettes aren’t safe, especially for children and teens, and is currently investigating cases of lung disease associated with vaping.

While federal government bodies have been warning people about the health risks of vaping for years, e-cigarette use has become such an epidemic that state and local government bodies are finally taking note. San Francisco — the headquartering city of Juul — became the first city to ban e-cigarette sales completely.

How did Juul get its start?

Juul Labs spun off from Pax Labs in 2015. Founders Adam Bowen and James Monsees co-founded the company when, as former smokers, they decided they wanted a better alternative to cigarettes than anything that was already on the market.

Their idea of “better” manifested as Juul’s high nicotine content and slim design that gives off very little vapor compared to other vapes. Since its debut, Juul has grown to dominate more than 50 percent of the market share.

In December 2018, Altria — one of the world’s largest tobacco products companies — bought a 35% stake of Juul for $12.8 billion dollars. Altria owns Phillip Morris, which owns the brands Marlboro, Virginia Slims, Parliament and other cigarette brands.

What are the main ingredients in Juul pods?

The Juul comprises two parts. There’s the e-cigarette itself, which contains the battery, temperature regulator and sensors that read the charge level. Then there’s the pod, which contains Juul’s patented e-liquid formula. A mixture of nicotine salts, glycerol, propylene glycol, benzoic acid and flavorings.

  • Glycerolserves as a humectant, which means it adds moisture to the solution. Glycerol is classified as “generally recognized as safe” by the FDA, so it’s approved for consumption.
  • Propylene glycolis a synthetic compound commonly used in polyester production, but it’s also approved as an additive for food, cosmetic and pharmaceutical products.
  • Benzoic acidoccurs naturally in many plants, but its synthetic form is also widely used as a food additive and preservative. It’s “generally recognized as safe” for those uses, but can be an environmental and health hazard in large quantities.
  • Flavoringsis an ambiguous term, but most often refers to various natural and synthetic ingredients that companies use to flavor their products. For example, Juul doesn’t specify what’s in its mint-flavored pod, but it probably contains peppermint extract or oil.

The nicotine salts in Juul vape juice are a type of nicotine that supposedly feels more like a cigarette when inhaled, as opposed to other vapes that use freebase nicotine. Freebase nicotine, which can cause coughing and leave a film in people’s throats, is harsher and commonly found in cigars.

Juul pods currently come in eight flavors; cucumber, creme, mint, mango, menthol, fruit, Virginia tobacco and classic tobacco. It’s the FDA’s Family Smoking Prevention and Tobacco Control Act banned flavored cigarettes in worth noting that 2009, so it’s possible that this might come into play for vapes one day, too.

How much nicotine is in a Juul pod?

Juul measures nicotine content by weight, which is different from most brands, which usually measure by volume. Juul originally only sold pods with 5% nicotine by weight, but started offering 3% pods in August 2018.

According to an older version of Juul’s FAQ page, one 5% pod contains roughly the same amount of nicotine as one pack of cigarettes, or about 200 puffs. However, this information is no longer available on Juul’s website, and there’s no precise information about 3% pods, either. However, an article in the New England Journal of Medicine says that the 5% pods contain a concentration of 59 milligrams of nicotine per milliliter of liquid.

In contrast, prior to the Juul frenzy most vapes contained roughly 1 to 3% nicotine by volume. A study in the journal Tobacco Control notes that the new average seems to be rising to that 5% mark. Juul’s creators increased the nicotine because they felt other vapes on the market couldn’t compare to the sensations delivered by regular cigarettes.

E-cigarette manufacturers have promulgated the idea that cigarette smokers can get their nicotine in a manner that somewhat replicates regular smoking experience but without the health risks that have been associated with nicotine use. Lawsuits filed against e-cigarette manufacturers by states and municipalities are now the norm, for failing to clearly state the dangerous chemicals contained in their products.

The claims generally allege that between 2016 and 2018 “those who reported using e-cigarettes within the past 30 days increased 40% among 8th graders, 82% among 10th graders, and 72% among 12th graders.” According to one lawsuit, the e-cigarette industry had a 2016 market revenue of $7.1 billion, and the e-cigarette industry as a whole expected to see its valuation rise to $44.61 billion by 2023. JUUL is valued at $38 billion.

Millions of these devices are sold annually. According to the World Health Organization (WHO), vaping use has increased dramatically: from some 7 million in 2011 to 41 million in 2018.  Users are expected to reach 55 million by 2021. The United States is the largest market in the world.

Is Juul addictive? Is Juul more addictive than cigarettes?

Nicotine is a known addictive substance, and Juul is no exception. There are currently no studies that prove whether or not Juul is more addictive than regular cigarettes, simply because e-cigarettes are a relatively new phenomenon. However, I certainly know people who seem as addicted to their Juul as they are to their iPhones, and I’ve watched friends throw fits when their pod runs dry.

Nicotine is a harmful drug, regardless of delivery method. It’s linked to various changes in the body and brain, and public health officials worry that most people, especially youths, aren’t aware of the potential consequences.

What are the health effects of vaping?

People incorrectly consider vaping a safer alternative to smoking because it eliminates tobacco, which is a known carcinogen. But cigarettes contain many chemicals beyond tobacco, and e-cigarettes contain some of the same. Much of this is based on false-marketing by the tobacco companies.

Studies have detected acetamide (a compound used in industrial solvents), formaldehyde and benzene (another known carcinogen) in various e-cigarettes brands.

Not all e-cigarette liquids contain all of these toxic compounds, and even in those that do contain them, the concentration isn’t always high enough to cause concern. One study looked at the benzene formation of Juul and two other vaping systems versus traditional cigarettes, finding that traditional cigarettes present a higher risk of benzene exposure. However, the study authors note that the benzene exposure created by e-cigarettes is not negligible — that is, there’s still a health risk.

Another study looked at adolescents who use e-cigarettes and found that their urine contained significantly higher amounts of five different chemicals, compared to adolescents who never use e-cigarettes.

Another issue arises when companies don’t disclose what’s in their products. Juul openly states its e-liquid ingredients, but research has found that e-cigarette products aren’t always labeled accurately, which can cause people to inhale more nicotine and chemicals than they think they’re breathing in.

Nicotine is a highly addictive substance that causes cravings and bona fide withdrawal symptoms when those cravings are ignored. Whether or not vaping is a “gateway” to cigarette smoking is irrelevant because vaping itself is an addictive habit.

Nicotine isn’t just addictive, but it’s also toxic. It stimulates your adrenal glands, spiking adrenaline production and leading to a series of bodily reactions: People who use nicotine experience a release of glucose and an increase in heart rate, breathing rate and blood pressure.

The drug seems to act as both a stimulant and a depressant at the same time, as it’s linked to increased alertness but also increased relaxation.

Use of nicotine is also associated with a number of side effects on organs and organ systems, including:

  • Increased risk of blood clots
  • Atherosclerosis
  • Peptic ulcers
  • Changes in heart rhythm
  • Lung spasms

Nicotine can also alter or harm the development of the brain in children and teens.

“The prefrontal cortex, the area of the brain responsible for decision-making, logic, personality expression and many other traits integral to one’s personality, is not fully mature until around the age of 25,” Dr. Lawrence Weinstein, chief medical officer of American Addiction Centers, told CNET. “Introducing nicotine to the brain 10 years prior to that, without speaking of the massive amount of nicotine contained in each cartridge, will undoubtedly alter that developing brain.”

Looking beyond nicotine, using e-cigarettes — Juul or otherwise — comes with many health risks, including the possibility for seizures, heart attacks, lung damage and birth defects.

Dentists have also been noticing that their patients who vape are experiencing more cavities, tooth damage and dental issues. Especially when it comes to the enamel on your teeth, once damage is done it cannot be reversed.

Lastly, e-cigarettes work by heating a liquid into an aerosol that the user inhales. While the amount of aerosol in a single puff isn’t likely to harm anyone, it’s worth noting that inhaling aerosols is associated with impaired judgment and functioning.

As for the long-term health effects of Juul and other vapes, doctors and scientists aren’t sure yet. E-cigarettes are too new for health professionals to make any correlative claims like they can with traditional cigarettes. But with so much research in progress, new claims will certainly surface.

The WHO cited several health concerns associated with vaping, pointing out that:

  • The long-term effects are unknown
  • Nicotine in the liquid that is vaporized in an e-cigarette is addictive
  • Users replacing the liquid in refillable e-cigarettes might spill the product on their skin, possibly leading to nicotine poisoning
  • Some sweeter flavors of e-cigarettes are irritants, potentially causing inflammation of the airways

Additional Science on E-Cigarettes and Vaping-Related Disease

  • PERSPECTIVEMAY 14, 2020Regulating Vaping
    J.L. SindelarN Engl J Med 2020; 382:e54

Federal and state governments have implemented numerous policies to combat the growth of vaping. But policies should protect young people without diminishing adult smokers’ ability to use e-cigarettes to transition away from more harmful combustible cigarettes.

  • CORRESPONDENCE MAR 19, 2020An Animal Model of EVALI
    T.A. Bhat and OthersN Engl J Med 2020; 382:1175-1177

In this study, investigators developed a mouse model of e-cigarette, or vaping, product use–associated lung injury, showing  in mice a vitamin E acetate induced lung injury similar to what has been seen in human cases.

ORIGINAL ARTICLE FEB 20, 2020Role of Vitamin E Acetate in EVALI
B.C. Blount and OthersN Engl J Med 2020; 382:697-705

In a study involving 51 patients with electronic-cigarette, or vaping, product use–associated lung injury in 16 states across the United States, vitamin E acetate was detected in samples of bronchoalveolar-lavage fluid from 94% of the patients but not in samples from a healthy comparator group.

Editorial Cornering the Suspects in Vaping-Associated EVALI

  • PERSPECTIVE FEB 20, 2020The EVALI and Youth Vaping Epidemics
    B.A. King and OthersN Engl J Med 2020; 382:689-691

Interventions aimed at curbing two related U.S. epidemics connected with vaping — an outbreak of lung injuries and a continued surge in use by young people — should take into consideration their underlying drivers.

  • SPECIAL REPORT FEB 20, 2020Vaping Syndromic Surveillance
    K.P. Hartnett and OthersN Engl J Med 2020; 382:766-772

Increases in EVALI were identified in 2019. Using the National Syndromic Surveillance Program, which includes about 70% of U.S. EDs, researchers found a gradual increase in ED visits associated with shortness of breath and e-cigarette use from January 2017 through early June 2019. A sharp increase was identified in June, peaking in September. A subsequent decrease was observed.

  • CORRESPONDENCE JAN 23, 2020More on the Pathology of Vaping-Associated Lung Injury

N Engl J Med 2020; 382:387-390

This description of untreated vaping-associated lung injury examined at autopsy provides a look at the pathology of the process independent of medical intervention.

  • CORRESPONDENCE JAN 23, 2020Pulmonary Illness Related to E-Cigarette Use
    N Engl J Med 2020; 382:384-386

In these letters, Diaz et al. highlight the potential for severe airway reactivity and perioperative challenges when performing bronchoscopy and BAL in patients with e-cigarette, or vaping, product use–associated lung injury, and Russell and Cevik stress the importance of ruling out infectious causes in these patients. Layden et al. respond.

  • CORRESPONDENCE OCT 31, 2019Real-Time Surveillance of Vaping-Induced Pulmonary Disease
    Y. Hswen and J.S. BrownsteinN Engl J Med 2019; 381:1778-1780

This report documents the ongoing surge in cases of severe pulmonary disease associated with e-cigarettes, collecting online information from news aggregators, eyewitness reports, and official alerts.

  • CORRESPONDENCE OCT 31, 2019Pathology of Vaping-Associated Lung Injury
    Y.M. Butt and OthersN Engl J Med 2019; 381:1780-1781

This letter describes findings in 17 patients with a history of vaping who had lung biopsies after presenting with symptoms and bilateral pulmonary opacities that led to a clinical diagnosis of vaping-associated lung injury. The lung histopathology is described, along with some preliminary insights into the pathogenesis of acute lung injury.

  • CORRESPONDENCE OCT 10, 2019Imaging of Vaping-Associated Lung Disease
    T.S. Henry, J.P. Kanne, and S.J. KligermanN Engl J Med 2019; 381:1486-1487

A sampling of imaging findings in patients with lung disease associated with electronic cigarette use is provided.

Editorial Vaping-Induced Lung InjuryOriginal Article Pulmonary Illness Related to E-Cigarette Use in Illinois and Wisconsin

  • CORRESPONDENCE OCT 10, 2019Vaping Trends among Adolescents, 2017–2019
    R. Miech and OthersN Engl J Med 2019; 381:1490-1491

Vaping by adolescents is a concern because of the risks of nicotine addiction and because of reports of an association between vaping and acute lung injury. This nationally representative survey finds sharp increases in the frequency of vaping among 8th-, 10th-, and 12th-grade students.

Original Article Pulmonary Illness Related to E-Cigarette Use in Illinois and Wisconsin

  • CORRESPONDENCE OCT 10, 2019Pulmonary Lipid-Laden Macrophages and Vaping
    S.D. Maddock and OthersN Engl J Med 2019; 381:1488-1489

The use of electronic cigarettes has been associated with pulmonary injury, one feature of which has been lipid-laden macrophages in pulmonary-lavage fluid. Six cases in Utah are reported.

Editorial Vaping-Induced Lung InjuryOriginal Article Pulmonary Illness Related to E-Cigarette Use in Illinois and Wisconsin

  • EDITORIAL MAR 05, 2020Vaping-Induced Lung Injury
    D.C. ChristianiN Engl J Med 2020; 382:960-962

Until the investigation into the cause of this epidemic of vaping-induced respiratory injury is complete, no conclusions can be drawn as to which compound or compounds are the causes of injury. In light of these cases, however, efforts should be made to increase public awareness of the harmful effect of vaping, and physicians should discourage their patients from vaping.

Original Article Pulmonary Illness Related to E-Cigarette Use in Illinois and WisconsinCorrespondence Pulmonary Lipid-Laden Macrophages and VapingCorrespondence Imaging of Vaping-Associated Lung Disease

  • IMAGES IN CLINICAL MEDICINE JUN 20, 2019Injury from E-Cigarette Explosion
    M.G. Katz and K.W. RussellN Engl J Med 2019; 380:2460

A 17-year-old boy presented to the ED with pain and swelling in his jaw 2 hours after an e-cigarette exploded during use. He had extensive lacerations in his mouth, multiple disrupted lower incisors, and bony incongruity of his left mandible.

  • ORIGINAL ARTICLE FEB 14, 2019E-Cigarettes vs. Nicotine-Replacement Therapy
    P. Hajek and OthersN Engl J Med 2019; 380:629-637

In a randomized trial involving 886 smokers, e-cigarettes were more effective than nicotine-replacement therapy with respect to the 1-year abstinence rate (18% vs. 10%). Throat or mouth irritation was more common in the e-cigarette group, and nausea was more common in the nicotine-replacement group.

Editorial The Dangerous Flavors of E-CigarettesEditorial E-Cigarettes to Assist with Smoking CessationCorrespondence E-Cigarettes versus Nicotine-Replacement Therapy for Smoking Cessation

  • CORRESPONDENCE FEB 14, 2019Youth Vaping in Colorado
    T.S. Ghosh and OthersN Engl J Med 2019; 380:689-690

In a 2017 survey of Colorado high-school students, 27% reported current use of electronic cigarettes (vaping). These students were also more likely to report risky behaviors (including binge drinking and the use of opioid pain medications without a prescription) than nonusers.

  • CORRESPONDENCE JAN 10, 2019Adolescent Vaping and Nicotine Use in 2017–2018
    R. Miech and OthersN Engl J Med 2019; 380:192-193

A national survey revealed a large increase in nicotine vaping among high school students; more than 20% of 12th-graders reported that they vaped nicotine in 2018. The increase in adolescent nicotine use from 2017 to 2018 was explained by an increase in vaping; the use of other nicotine products declined.

  • PERSPECTIVE SEP 20, 2018Adolescents’ Use of “Pod Mod” E-Cigarettes
    J.L. Barrington-Trimis and A.M. LeventhalN Engl J Med 2018; 379:1099-1102

Use of a new e-cigarette product class called “pod mods” is rampant among young people. There is reason to be concerned that adolescents’ use of these products could bring a host of adverse health consequences to the current generation of adolescents and young adults.

  • SPECIAL ARTICLE JUN 14, 2018Approaches to Smoking Cessation
    S.D. Halpern and OthersN Engl J Med 2018; 378:2302-2310

In a pragmatic trial involving smokers, financial incentives were more effective than free cessation aids; free cessation aids or e-cigarettes were no more effective than usual care. Cessation rates among smokers assigned to financial incentives were less than 3%.

Correspondence E-Cigarettes, Incentives, and Drugs for Smoking Cessation

  • PERSPECTIVE JAN 18, 2018E-Cigarettes and the Harm-Reduction Continuum
    A.L. Fairchild and OthersN Engl J Med 2018; 378:216-219

In recent years, there has been a trend of acknowledging the importance of a harm-reduction approach in policy discussions about e-cigarettes. But some proposed strategies might well limit, if not entirely undermine, the population benefits associated with e-cigarettes.

  • REVIEW ARTICLE OCT 06, 2016The Health Effects of Electronic Cigarettes
    C. Dinakar and G.T. O’ConnorN Engl J Med 2016; 375:1372-1381

The use of electronic cigarettes is growing, and some hope that they will replace what is felt to be the more dangerous nicotine-delivery system — cigarettes. However, data on the long-term safety of e-cigarettes are still being gathered.

Correspondence The Health Effects of Electronic Cigarettes

  • CORRESPONDENCE OCT 06, 2016Explosion Injuries from E-Cigarettes
    E.G. Brownson and OthersN Engl J Med 2016; 375:1400-1402

This report from a single center describes 15 patients with injuries caused by explosions of e-cigarettes that occurred over a period of less than a year. Patients had a combination of flame burns, chemical burns, and blast injuries.

  • PERSPECTIVE JUL 21, 2011E-Cigarette or Drug-Delivery Device? Regulating Novel Nicotine Products
    N.K. Cobb and D.B. AbramsN Engl J Med 2011; 365:193-195

The FDA intends to regulate e-cigarettes as tobacco products, since the courts blocked it from treating them as drug-delivery devices. Until the FDA asserts its new authority over tobacco, concentrated nicotine products may be sold to consumers, raising safety concerns.

Selected JUUL MDL 2913 case documents of special interest:

High Priority Orders From Outset:

Order Appointing JUUL Leadership:

https://www.cand.uscourts.gov/wp-content/uploads/cases-of-interest/in-re-juul-labs/ORDER-APPOINTING-PLAINTIFFS-LEADERSHIP-AND-STEERING-COMMITTEE-MEMBERS..pdf  Jan 2, 2020

Pretrial Oder No. 1 “Initial Docket Structure:

https://www.cand.uscourts.gov/wp-content/uploads/cases-of-interest/in-re-juul-labs/Juul-Pretrial-Order-No.-1.pdf 10/2/2019

Case Census Outline, CMO No. 2:

https://www.cand.uscourts.gov/wp-content/uploads/cases-of-interest/in-re-juul-labs/CMO-No-2-Initial-Case-Census.pdf  11/19/2019

LEGAL REFERNCES:

In re: Juul Labs, Inc. Marketing, Sales Practices & Products Liability Litigation 3:19-md-2913-WHO

Link:https://www.cand.uscourts.gov/judges/orrick-william-h-who/in-re-juul-labs-inc-marketing-sales-practices-products-liability-litigation/

 

CONDITIONAL TRANSFER ORDER (CTO-19) by MDL Panel (.pdf, 262 KB) 359 01/21/2020
CASE MANAGEMENT ORDER NO 6: DISCOVERY DISPUTE RESOLUTION PROCEDURES (.pdf, 121 KB) 357 01/14/2020
CASE MANAGEMENT ORDER NO 5: COMMON BENEFIT ORDER – TIMEKEEPING AND EXPENSES PROTOCOL (.pdf, 246 KB) 352 01/13/2020
CASE MANAGEMENT CONFERENCE MINUTES (.pdf, 67 KB) 356 01/13/2020
CONDITIONAL TRANSFER ORDER (CTO-18) by MDL Panel (.pdf, 262 KB) 348 01/2/2020
CONDITIONAL TRANSFER ORDER (CTO-17) (.pdf, 262 KB) 343 12/23/2019
ORDER APPOINTING PLAINTIFFS’ LEADERSHIP AND STEERING COMMITTEE MEMBERS (.pdf, 106 KB) 341 12/20/2019
CONDITIONAL TRANSFER ORDER (CTO-16) by MDL Panel (.pdf, 316 KB) 336 12/18/2019
CASE MANAGEMENT ORDER NO. 4: RULE 502(D) AND PRIVILEGED MATERIALS (.pdf, 100 KB) 322 12/17/2019
ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION (.pdf, 125 KB) 323 12/17/2019
Protective Order (.pdf, 227 KB) 308 12/13/2019
CASE MANAGEMENT ORDER NO. 3 – DIRECT FILING ORDER (.pdf, 131 KB) 309 12/13/2019
CONDITIONAL TRANSFER ORDER (CTO-15) by MDL Panel (.pdf, 285 KB) 302 12/11/2019
CONDITIONAL TRANSFER ORDER (CTO-14) by MDL Panel (.pdf, 262 KB) 289 12/4/2019
CONDITIONAL TRANSFER ORDER (CTO-13) by MDL Panel (.pdf, 262 KB) 286 11/27/2019
CONDITIONAL TRANSFER ORDER (CTO-12) by MDL Panel (.pdf, 262 KB) 268 11/26/2019
CONDITIONAL TRANSFER ORDER (CTO-11) by MDL Panel (.pdf, 262 KB) 266 11/21/2019
CASE MANAGEMENT ORDER NO. 2 – INITIAL CASE CENSUS. (.pdf, 148 KB) 262 11/19/2019
CONDITIONAL TRANSFER ORDER (CTO-10) by MDL Panel (.pdf, 262 KB) 252 11/15/2019
Minute Entry for Initial Case Management Conference (.pdf, 69 KB) 250 11/13/2019
CONDITIONAL TRANSFER ORDER (CTO-9) by MDL Panel (.pdf, 264 KB) 249 11/13/2019
CONDITIONAL TRANSFER ORDER (CTO-8) by MDL Panel (.pdf, 260 KB) 240 11/12/2019
CONDITIONAL TRANSFER ORDER (CTO-6) by MDL Panel (.pdf, 264 KB) 221 11/5/2019
CONDITIONAL TRANSFER ORDER (CTO-7) by MDL Panel (.pdf, 262 KB) 222 11/5/2019
CONDITIONAL TRANSFER ORDER (CTO-5) by MDL Panel (.pdf, 261 KB) 204 10/31/2019
CONDITIONAL TRANSFER ORDER (CTO-4) by MDL Panel (.pdf, 261 KB) 199 10/29/2019
CONDITIONAL TRANSFER ORDER (CTO-3) by MDL Panel (.pdf, 128 KB) 162 10/23/2019
CONDITIONAL TRANSFER ORDER (CTO-2) by MDL Panel (.pdf, 266 KB) 150 10/22/2019
CONDITIONAL TRANSFER ORDER (CTO-1) by MDL Panel (.pdf, 146 KB) 56 10/16/2019
ORDER VACATING CONDITIONAL TRANSFER ORDER by MDL Panel (.pdf, 95 KB) 65 10/16/2019
Transfer Order from Multidistrict Litigation Panel (.pdf, 90 KB) 1 10/2/2019
Pretrial Order No. 1 (.pdf, 163 KB) 2 10/2/2019

May 17, 2021

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Jennifer Hoekstra and the Aylstock Witkin trial teamed the charge in more MDL Bellwether trials to verdict in the last 18 months than any prior MDL Bellwether trial track in history, showing how to fast track a trial docket and win again and again. Jennifer has been involved in direct outcomes of Bellwether trials and settlements in excess of 11 billion dollars in MDL. These dockets include leadership roles in the Proton Pump Inhibitor, Genetically Modified Rice, as well as the Actos and DePuy Pinnacle Hip Implant. She has been active in complex litigation since 2007 and shows no sign of slowing down in 2022. We look forward to watching Jennifer maintain her leadership role in the 3M Earplug mediation and settlement negations.
Leading the 3M Earplugs Bellwether Trial Victory Parade!
YouTube Video VVVuSC1KSll3UzVNWHQwMEgyUndoR3Z3LjZYdnZsek4teDVR
Diandra “Fu” Debrosse Zimmermann is managing partner of DiCello Levitt’s Birmingham office, co-managing partner of the Washington, D.C. office, and co-chair of the firm’s Mass Tort division. Fu is also a member of the firm’s Public Client, Environmental, Personal Injury, Civil Rights, and Trial practice groups.
 
Widely known for her passionate and relentless client advocacy, she represents individuals and public entities that have been injured by wrongful conduct, whether from defective medical devices or drugs, environmental contamination, corporate misconduct, or civil rights abuse. She is nationally recognized as a powerhouse in mass torts, class actions, products liability, discrimination, and sexual assault claims, and has recovered hundreds of millions of dollars in client damages. 
 
On May 27, 2022 Fu made history, becoming the first black woman ever appointed plaintiffs’ Co-Lead Counsel in a multidistrict litigation. She was appointed to the role in the massive products liability MDL, In Re: Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation, against two of the world’s largest manufacturers of infant formula, Abbott Laboratories (NYSE: ABT) and Mead Johnson. Comprised of more than 60 state and federal lawsuits filed across the U.S., the case stems from allegations against the manufacturers of infant formulas Similac (Abbott) and Enfamil (Mead) by parents of premature infants who were fed with that formula and developed the deadly neonatal condition, necrotizing enterocolitis (NEC). 
 
Fu currently represents individuals exposed to Paraquat, an herbicide thought to cause Parkinson’s disease. She also represents victims of civil rights violations, defective products, and other wrongful conduct. Before joining DiCello Levitt, Fu represented dozens of cities and counties in Alabama, Georgia, and Mississippi against opioid manufacturers and distributors. She has also recovered more than $30 million in damages for victims of catastrophic personal injury, product liability, employment discrimination, and civil sexual assault claims. 
 
Earlier this year, in February 2022, Fu announced that she along with Ben Crump co-founded Shades of Mass, an organization aimed at combatting the lack of diverse attorney leadership in lawsuits that disproportionately impact communities of color. Through collaboration, shared resources, education and networking opportunities, and pressure on our profession, Shades of Mass aims to rectify this inequity and achieve the diversity missing in mass tort and complex litigation case leadership. Learn more about Shades of Mass, its mission, its board members, and its board members here: https://www.law.com/2022/02/28/new-gr.... The organization will be hosting a conference in October 2023 in Atlanta. Visit the Shades of Mass website: http://www.shadesofmass.org/, to learn more. 
 
She is well-known for her relentless and compassionate client advocacy which is only matched by her passion to make this world a better place for the generations to come. Fu has extensive experience handling complex litigation, including pharmaceutical, medical device, environmental contamination, and civil rights matters. And she has earned quite a few accolades for her work, including Top 40 Under 40 attorneys (National Trial Lawyers), Top 10 Under 40 attorney for the State of Alabama (National Academy of Personal Injury Attorneys, Inc.), The National Trial Lawyers: Top 100, one of America’s Top 100 High Stakes Litigators®, and selected as a Top Woman Attorney (B-Metro magazine). 
 
Read more about Fu here: https://dicellolevitt.com/attorney/di.... 


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Fu Zimmermann Sound Bite Building a Legacy Through Leadership
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Richard “Rick” Meadow is the National Mass Tort Leader as well as the Director of Business Development for The Lanier Law Firm. His responsibilities include overseeing all the firm’s pharmaceutical mass tort litigation in addition to promoting, recruiting, and maintaining associated outside relationships at a national level. Rick has represented the rights of individuals who have been injured by pharmaceuticals, medical devices, asbestos, medical malpractice, defective products, construction defects, lead poisoning, and motor vehicles, as well as the negligence of premises owners and municipalities for over 30 years. He further has extensive experience in the representation of large national insurance companies as an insurance defense attorney. This experience provides a 360-degree perspective of the practice of tort law in the United States. 
Rick has developed an extensive practice in mass tort and aggregate litigation. He has been nominated and selected to a variety of leadership positions by both his peers and courts across the country. He has served in leadership positions in many cases that have resulted in nationwide settlements. 
Rick has been working with Mark Lanier for over 30 years and is an integral part of the Lanier Trial Academy Master Class. This year’s Lanier Trial Academy 6.0; https://laniertrialacademy.com/home, will take place on June 20-23, 2022 in Houston Texas. The program includes a third day and more content, including non-verbal cues, voir dire, examinations, and openings and closings. Check out the agenda here, and if you haven’t already, register here: https://myportal.force.com/LanierTrialAcademy/s/lt-event?id=a1U3m00000Ov12TEAR&site=a0d1N000006V1VMQA0#/loginReg!  
 
Read more about Rick here: https://www.lanierlawfirm.com/attorneys/richard-d-meadow/. 
 
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Rick Meadow, Everybody Knows Your Name
YouTube Video VVVuSC1KSll3UzVNWHQwMEgyUndoR3Z3LkE1SWV2anhKY0lj
Diandra “Fu” Debrosse Zimmermann is managing partner of DiCello Levitt’s Birmingham office, co-managing partner of the Washington, D.C. office, and co-chair of the firm’s Mass Tort division. Fu is also a member of the firm’s Public Client, Environmental, Personal Injury, Civil Rights, and Trial practice groups.
 
Widely known for her passionate and relentless client advocacy, she represents individuals and public entities that have been injured by wrongful conduct, whether from defective medical devices or drugs, environmental contamination, corporate misconduct, or civil rights abuse. She is nationally recognized as a powerhouse in mass torts, class actions, products liability, discrimination, and sexual assault claims, and has recovered hundreds of millions of dollars in client damages. 
 
On May 27, 2022 Fu made history, becoming the first black woman ever appointed plaintiffs’ Co-Lead Counsel in a multidistrict litigation. She was appointed to the role in the massive products liability MDL, In Re: Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation, against two of the world’s largest manufacturers of infant formula, Abbott Laboratories (NYSE: ABT) and Mead Johnson. Comprised of more than 60 state and federal lawsuits filed across the U.S., the case stems from allegations against the manufacturers of infant formulas Similac (Abbott) and Enfamil (Mead) by parents of premature infants who were fed with that formula and developed the deadly neonatal condition, necrotizing enterocolitis (NEC). 
 
Fu currently represents individuals exposed to Paraquat, an herbicide thought to cause Parkinson’s disease. She also represents victims of civil rights violations, defective products, and other wrongful conduct. Before joining DiCello Levitt, Fu represented dozens of cities and counties in Alabama, Georgia, and Mississippi against opioid manufacturers and distributors. She has also recovered more than $30 million in damages for victims of catastrophic personal injury, product liability, employment discrimination, and civil sexual assault claims. 
 
Earlier this year, in February 2022, Fu announced that she along with Ben Crump co-founded Shades of Mass, an organization aimed at combatting the lack of diverse attorney leadership in lawsuits that disproportionately impact communities of color. Through collaboration, shared resources, education and networking opportunities, and pressure on our profession, Shades of Mass aims to rectify this inequity and achieve the diversity missing in mass tort and complex litigation case leadership. Learn more about Shades of Mass, its mission, its board members, and its board members here: https://www.law.com/2022/02/28/new-group-to-promote-attorneys-of-color-in-mass-torts/. The organization will be hosting a conference in October 2023 in Atlanta. Visit the Shades of Mass website: http://www.shadesofmass.org/, to learn more. 
 
She is well-known for her relentless and compassionate client advocacy which is only matched by her passion to make this world a better place for the generations to come. Fu has extensive experience handling complex litigation, including pharmaceutical, medical device, environmental contamination, and civil rights matters. And she has earned quite a few accolades for her work, including Top 40 Under 40 attorneys (National Trial Lawyers), Top 10 Under 40 attorney for the State of Alabama (National Academy of Personal Injury Attorneys, Inc.), The National Trial Lawyers: Top 100, one of America’s Top 100 High Stakes Litigators®, and selected as a Top Woman Attorney (B-Metro magazine). 
 
Read more about Fu here: https://dicellolevitt.com/attorney/diandra-fu-debrosse-zimmermann/. 


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Building a Legacy Through Leadership
YouTube Video VVVuSC1KSll3UzVNWHQwMEgyUndoR3Z3LjMxeC13OVJQcjdB
John Uustal and the Kelly Uustal Law Firm are a complex personal injury firm based in Fort Lauderdale FL, who are actively involved in traumatic and catastrophic injury litigation and Mass Torts as local trial counsel for certain MDL leadership firms. Also, KU is one of the premier tobacco litigation firms in the country, securing hundreds of millions of dollars in verdicts against Big Tobacco. Never afraid to face corporate bad conduct, John Uustal and the Kelly Uustal firm will take the fight directly to the corporate boardrooms.

Check out John Uustal's blog to stay up-to-date on corporate treachery: https://www.johnuustal.com/
888.522.6601
https://www.kulaw.com

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Calling Out Boardroom Misconduct in the Courts and Court of Public Opinion
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Today we're joined by Majed Nachawati, founder of the Fears Nachawati firm. Majed is well known as a prominent complex commercial litigator in the mass tort space and a leadership firm in emerging torts. Majed's firm is known for representing both individuals and governmental entities in dockets such as the opioid litigation, PFAS water contamination, and other major mass torts. Today we will be discussing three of the most relevant and prominent dockets in the legal world that impact both the plaintiff and defense bar. 

We engage in direct discussions on the Bayer/ Monsanto US Supreme Court appeal in the Hardeman Roundup verdict, originating in California State Court. Recently the US Solicitor General submitted a brief to the Supreme Court advising that the US Department of Justice and other federal agencies are not in favor of participating in the Monsanto- Hardeman appeal.

We then go into the Johnson & Johnson Talcum Powder MDL and related state court litigation where J&J is using the Texas Two-Step legal process to file bankruptcy, related to their talcum powder liabilities, which are expected to exceed $12 billion. Majed is also a member of the J&J bankruptcy creditor's committee.   

Majed also discusses his lead role in the Texas winter freeze litigation, where the Texas Utility Power Commission and the power grid tragically failed the citizens of Texas and numerous lives were lost, properties were destroyed and damaged. Fears Nachawati was in a leadership role from the outset of the Texas winter freeze litigation, when they filed the first lawsuit within one week of the freeze taking place. The claims in this docket relate to the catastrophic failure of the utility and regulatory entity within the state of Texas to properly ensure the safety of its citizens. Majed clearly states that it is his position in the Texas winter freeze, Monsanto roundup, and the Johnson and Johnson talcum powder litigation to be an assertive representative of firm clients in these dockets to hold the corporate parties accountable for the ongoing and embedded bad conduct, which is clearly evident in the media and now being shown in a court of law.

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Fighting Bad Conduct in America's Boardrooms
YouTube Video VVVuSC1KSll3UzVNWHQwMEgyUndoR3Z3LldJbmlZQ0VkM0Fn
John K. Rabiej served as the Deputy Director of the Bolch Judicial Institute for one year, and as the Director of the Duke Law Center for Judicial Studies for seven years. The Duke Law Center brings together judges, lawyers, researchers, government officials and other parties to advance the study and understanding of the judicial process and generate ideas for how it might be improved. During his time as the Director of the Duke Law Center, Mr. Rabiej studied the impact of technology on the judiciary, including analyzing his concerns that the courts are not keeping pace with the rapid advancement of technology in the culture at large. Prior to joining the Duke Law Center, Mr. Rabiej served as the Executive Director and Director of Judicial Outreach for The Sedona Conference; the Chief of the Rules Committee Support Office; and the American Law Institute. He presently sits on the Chief Justice’s Rules Advisory Commission, North Carolina (term ending December 31, 2023). In this episode of LegalCast, Mr. Rabiej discusses a legal bipartisan review of mass torts, class action, and the ever-expanding e-discovery quagmire that seems to be firmly embedded in complex litigation coming to a peak in 2022.  Will the plaintiffs and defense leadership be able to collaborate to reign in the ever-expanding high cost of litigation? Mr. Rabiej has made a career of working to bring opposing groups together to discuss common interests as a means to increase efficiencies in litigations. And, with millions of dollars at stake, why not at least start the discussions.

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Is Judicial Review On The Horizon?
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Stephen P New. of Beckley West Virginia is one of the country’s leading opioid litigators, by bringing the fight directly to Opioid Big Pharma's doorstep. Steve and the Opioid Justice Team have been defending and advocating for the rights of the neonatal abstinence syndrome afflicted infants, aka the "NAS Babies." Who are the truly innocent victims of the now decades-old opiate crisis in America.

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Leading the Fight for Opioid Addicted Infants
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George Haj is a Pulitzer-Prize winning editor who founded Haj Media in 2017. Haj Media is a strategic communications firm focusing on crisis communications, media relations, and litigation support for law firms and corporate clients. Prior to launching his own consulting firm, George spent three decades working in some of the nation’s largest news organizations. He has deep roots in the media industry and connections with reporters and editors in a range of publications across the country. George worked as executive business editor at the Miami Herald and then was a top editor at the Houston Chronicle. He also served as editorial director of ALM Media, where he directed a global newsroom of more than 100 journalists and oversaw iconic brands including The American Lawyer and National Law Journal. He can be reached at george@hajmedia.com. Find him on Twitter: https://twitter.com/georgehaj, LinkedIn: https://www.linkedin.com/in/george-haj-25ba481, and at http://www.hajmedia.com/. 

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Crisis Management & Media Training for Lawyers
YouTube Video VVVuSC1KSll3UzVNWHQwMEgyUndoR3Z3LmhvVDk2Q2MxUnpR
With four decades of experience in legal advertising with a passion for legal marketing, intake, and conversion, Harlan Schillinger has more than earned his title as the Grandfather of Legal Advertising. 

Harlan was the first in the industry to produce and market TV advertising for the legal community. In 1975, along with his partners, Harlan founded the first syndication TV production firm for high-end retailers and Lawyers, creating television commercials that aired throughout North America.

Since the late 1970s, Harlan has worked aggressively, productively, and professionally within the legal advertising space. He has said that: “Creating opportunities and increasing market share for advertising law firms is [his] #1 priority. The value of the case is everything in such a crowded market.” Harlan privately consults with lawyers who not only share his values, but who also share his vision of increasing business, being accountable, and obtaining high-value cases. His approach to intake and conversion rests on complete accountability within that area and he is known to practice what he preaches. Harlan has trademarked within the legal advertising world the two phrases that have become his backbone of philosophy: What You Don't Know, You Don't Know® and Ambassador of First Impressions™.

Since that time, Harlan has worked with more than 130 law firms in almost 100 markets throughout North America. Before joining Network Affiliates in 1985, Harlan was a founding partner and VP of Madison, Muyskens & Jones, a Connecticut-based advertising agency. In April 2016 Harlan retired from Colorado-based Network Affiliates, the nation's first and largest full-service legal advertising agency, where he was the leader of their attorney marketing efforts for over 34 years.

A few years ago, Harlan and two of his partners – Dino Colombo Esq. and Eric Coffman – developed Lead Docket, software for intake and conversion within law firms. Harlan says that Lead Docket helps law firms increase control and management of intake and conversion, allowing the firms to thrive.

Harlan is involved with a number of professional organizations, being a member of the National Trial Lawyers Executive Summit Committee as well as a Senior Editor and Writer for the National Trial Lawyers Magazine. He also has a passion for riding and building custom motorcycles, and is a proud member of the most prestigious motorcycle group in the world: Hamsters USA ® Motorcycle Group.

Learn more about Harlan at http://www.harlanschillinger.com/. 
And to check out the book he recommends – How to Win Friends & Influence People by Dale Carnegie and originally published in 1936 click here: https://www.amazon.com/How-Win-Friends-Influence-People/dp/0671027034. 

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Prep Like a Pro: Legal Networking Tips & Tricks
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