Silver Falls, other Oregon school districts file lawsuits against e-cigarette, vaping companies

Oregon Attorney General Ellen Rosenblum announced in September a $438.5 million agreement between JUUL Labs and 34 states and territories following a two-year investigation into the e-cigarette manufacturer's marketing and sales practices.

The multistate investigation revealed JUUL willfully engaged in an advertising campaign that appealed to youth, even though its e-cigarettes are both illegal for them to purchase and unhealthy for children, as reported at the time.

"Just when we were starting to make serious progress reducing tobacco use among our young people, JUUL came along and hooked another generation," Rosenblum said this fall.

Oregon, one of the leaders in the effort, is set to receive at least $18.8 million in the settlement. JUUL also agreed to refrain from youth marketing, funding education programs, depicting people under the age of 35 in any marketing and several other measures.

But JUUL isn't done in court. Now, local school districts are entering the fight.

Silver Falls School District is joining more than 1,000 districts nationwide filing lawsuits against e-cigarette manufacturers and purveyors, according to a Silver Falls news release. Silverton officials said others in the area, including Dallas, Dayton, McMinnville, Sheridan, Yamhill-Carlton and Willamina school districts, are filing as well.

Defendants of the lawsuit include JUUL Labs, Inc. and the Altria Group, Inc., the parent company of Philip Morris USA and one of the major investors in JUUL Labs.

These defendants, Silver Falls officials claimed, initiated youth-oriented social media campaigns like "Doit4juul" and the viral "Vaporized" campaign, complete with launch parties, social media influencers and billboards in Times Square.

Silver Falls joins the fight against vaping companies

Silverton district officials said the rising number of teenagers who are addicted to nicotine is a public health crisis.

"Youth vaping is an epidemic in the United States, and Marion County is no exception," Silverton school officials said in the release.

District officials cited that for 11th grade students in Marion County, the rate of students vaping within a 30-day period increased from 8.2% in 2017 to 13.1% in 2019.

"Many youths also do not understand the dangers of vaping, that e-cigarettes contain nicotine, and that vaping poses serious health risks," officials wrote. "This dramatic rise in youth vaping rates and the lack of knowledge of the risks are direct results of the defendants' ad campaigns and marketing strategies designed to target teenagers and youth."

Nicotine is a neurotoxin that poses a particularly potent threat to the adolescent brain, as it can damage brain development and have lasting consequences for cognitive ability and mental health, they explained.

Research, including a study published in 2019 by the National Library of Medicine, shows adolescent use of nicotine biologically primes the brain for addiction to other drugs later in life, including alcohol, cocaine and methamphetamine, and that these changes are long-term, according to the release.

"We've seen increases each year in the number of students found vaping on district property," Dan Busch, assistant superintendent for Silver Falls, said in a statement. "Just in the first two months of this new school year, we've had numerous incidents, including a student in one of our K-5 elementary schools."

Alleged violations

The lawsuit alleges JUUL and Altria violated the federal RICO statute and that the defendants created and contributed to a public nuisance on school grounds. The lawsuit seeks damages as well as abatement.

"The defendants' conduct has caused our students to suffer significant and ongoing harm — harm that will continue well into the future as these children age," officials said in the release, adding they believe the defendants should help fund public health efforts to "address the youth vaping epidemic they created."

Silver Falls school board chairwoman Jennifer Traeger said the board members were unanimous in supporting the lawsuit.

The district has hired Keller Rohrback partners Dean Kawamoto and Yoona Park as outside counsel for the litigation.

Keller Rohrback is a law firm based in Seattle, which also represents King County, Skagit County, Seattle Public Schools, Portland Public Schools and Milwaukee Public Schools in their suits against JUUL and the other defendants for "creating a youth vaping crisis," officials said in the release.

District officials said the lawsuit was filed in the U.S. District Court for the District of Oregon and will be part of the multidistrict litigation in San Francisco before Judge William Orrick III, where other cases from across the nation against JUUL and other defendants are pending.

Natalie Pate covers education for the Statesman Journal. Send comments, questions and tips to her at npate@statesmanjournal.com or 503-399-6745. Follow her on Twitter @NataliePateGwin.

This article originally appeared on Salem Statesman Journal: Oregon school districts file lawsuits against vaping companies