Juul Labs Inc. failed to dam the primary trial set in a flurry of greater than 2,500 private harm circumstances accusing the e-cigarette maker of intentionally focusing on minors in advertising its vaping merchandise.
U.S. District Choose William Orrick on Friday rejected Juul’s ultimate request to dismiss claims introduced by a lady from Tennessee who says her teenage daughter developed an dependancy since first utilizing the corporate’s merchandise at age 12.
Juul had challenged claims together with fraud and failure to warn customers about nicotine content material and the well being results of Juul merchandise.
The jury trial, set to start out June 16 in San Francisco, is the primary amongst six scheduled bellwether trials overlaying the bigger set of non-public harm circumstances over the corporate’s advertising practices.
Juul didn’t instantly reply to a request for remark.
The corporate argued the fraud declare lacks advantage as a result of the teenager couldn’t determine any particular commercial she was uncovered to earlier than she began utilizing Juul merchandise.
Juul additionally stated in courtroom filings that utilizing “bouncy” younger fashions, vibrant colours and phrases like “satisfaction” to advertise vaping merchandise in fruit and dessert flavors was simply “puffery” that wouldn’t be taken severely by an affordable individual.
Orrick dominated that the teenager “adequately recognized the sources for the alleged misrepresentations and omissions underlying her fraud-based” claims.
Juul’s authorized woes grew in 2020 after a 39-state probe was introduced into its teen advertising. The e-cigarette maker’s reputation had ballooned lately, with the corporate coming to dominate the e-cigarette market. That success landed it within the cross-hairs of federal regulators and state attorneys basic who nervous about Juul’s impression on youngsters.
North Carolina, the primary state to sue Juul for allegedly promoting to minors, settled its Might 2019 grievance in opposition to the corporate final 12 months for $40 million. Washington state settled its case in opposition to the corporate this 12 months for $22.5 million.
The case is In re: Juul Labs Inc. Advertising, Gross sales Practices & Merchandise Legal responsibility Litigation, 19-md-02913, U.S. District Courtroom, Northern District of California (San Francisco).
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