'Right thing to do.' Framingham schools join national lawsuit against JUUL

FRAMINGHAM — The city is joining forces with 700 other U.S. school districts in taking aim at a vaping giant.

The School Committee on Wednesday unanimously authorized Superintendent of Schools Robert Tremblay to join a mass-action lawsuit against JUUL, a maker of vaping products, and Altria Group Inc. (formerly Philip Morris), the e-cigarette maker's largest investor and one of the world's largest producers of tobacco products.

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Tremblay called it "the right next step for Framingham."

"(We're) taking action by joining a suit against JUUL Labs and any of their subsidiaries for what they have created in our students and the crisis that they have created," he said.

Filed nationally by San Diego's Franz Law Group APLC., the suit alleges that JUUL has minimized the health dangers of its products with deceptive marketing tactics, such as candy-like flavors and colorful packaging.

JUUL voluntarily stopped selling sweet flavors, such as mango or cucumber, in stores in November 2018 and online in October 2019.

William Shinoff, a trial lawyer for Frantz Law Group, reached out to Tremblay about the district joining litigation, which Shinoff said has been going on for two years.

"Our goal in this case is to provide your school district the necessary resources to move forward and deal with this epidemic head-on, instead of relying on taxpayer dollars to deal with this," Shinoff said.

Vaping refers to inhaling vapor from an electronic device, such as an electronic cigarette. Various substances, including liquids and herbs, are heated in the device to produce vapor, mimicking the experience of smoking cigarettes.

Most e-cigarettes contain highly addictive nicotine, according to the Centers for Disease Control and Prevention, and the chemical can harm adolescent brain development.

Framingham will not have to pay to join the suit. Legal fees will be deducted from any settlement, with school districts getting the remainder.

"There is very little exposure to us in this to enter this, and even if there were, this is simply the right thing to do," School Committee Chairwoman Priscila Sousa said. "These cartridges, e-cigarettes, JUUL, have created havoc."

Districts can use the possible financial recovery to install vaping detectors into buildings and to implement anti-vaping educational programs in schools. Tremblay said he's less interested in vaping detectors, saying some students in other districts have torn the devices off walls and ceilings.

"What's particularly compelling to me about this proposed litigation is around education and awareness," said Tremblay. "That's the expansion for our health education and creating support services specifically with staffing to help students struggling with addiction."

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School Committee members were enthusiastic about joining the suit.

Beverly Hugo, of District 1, said vaping is "rampant" in the schools and community and joining the lawsuit is a "no brainer."

"It is our moral obligation to protect our youth," she said. "We need to take bold action to harm the companies whose profits are made from the harming of the health of our youth."

Teen vaping can lead to negative "domino effects" behind health implications, added School Committee member Adam Freudberg.

For instance, a previous survey conducted by a Student Advisory Committee found that a little over 80% of Framingham High School students have seen another student vaping in campus bathrooms. More than half of the students surveyed said they have avoided bathrooms at least once because of the issue.

"That's a terrible statistic and something that needs continuous work," said Freudberg, of District 4. "By joining this litigation, we take a stand on what we value and hopefully have a chance to get a lot of money over a long-term process."

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JUUL did not immediately respond to a request for comment.

Framingham's addition to the lawsuit comes after news that JUUL will pay Washington state $22.5 million to resolve state Attorney General Bob Ferguson's lawsuit against the e-cigarette company. His lawsuit asserted that JUUL violated the law when it designed and marketed its products to appeal to underage consumers and deceived consumers about the addictiveness of its product, according to a statement on his website.

JUUL called the settlement "another step in our ongoing effort to reset our company and resolve issues from the past." It said it supports Ferguson's plan to deploy resources to address underage use.

"The terms of the settlement are consistent with our current business practices and past agreements to help combat underage use while offering adult smokers access to our products as they transition away from combustible cigarettes," said JUUL.

Zane Razzaq writes about education. Reach her at 508-626-3919 or zrazzaq@wickedlocal.com. Follow her on Twitter @zanerazz.

This article originally appeared on MetroWest Daily News: Framingham schools join national lawsuit against JUUL