Preview
ELECTRONICALLY
1 KIRKLAND & ELLIS LLP
Mike Brock (pro hac vice) F I L E D
2 Superior Court of California,
mike.brock@kirkland.com County of San Francisco
Renee D. Smith (pro hac vice)
3 renee.smith@kirkland.com 06/18/2020
300 North La Salle Street Clerk of the Court
BY: JUDITH NUNEZ
4 Chicago, IL 60654 Deputy Clerk
Telephone: (312) 862-2000
5 Facsimile: (312) 862-2200
6 David I. Horowitz (SBN 248414) MUNGER, TOLLES & OLSON, LLP
david.horowitz@kirkland.com Gregory P. Stone (SBN 78329)
7 Robyn E. Bladow (SBN 205189) gregory.stone@mto.com
robyn.bladow@kirkland.com Bethany W. Kristovich (SBN 241891)
8 555 South Flower Street, 37th Floor bethany.kristovich@mto.com
Los Angeles, CA 90071 350 South Grand Avenue
9 Telephone: (213) 680-8400 Los Angeles, CA 90071
Facsimile: (213) 680-8500 Telephone: (213) 683-9100
10 Facsimile: (213) 687-3702
11 Attorneys for Defendant JUUL LABS, INC.
12
13 SUPERIOR COURT OF THE STATE OF CALIFORNIA
14 COUNTY OF SAN FRANCISCO
15
16 FILLIP VIGODNER, SARAH SUDHOP, ) Case No. CGC-20-584420
BREA FAIRBAIRN-FYFE, JOHN )
17 GALLAGHER, MANBIR CHAHAL, ) NOTICE OF SUBMISSION OF JUUL
DILLON NAJOR, VIRGINIA GALT, ) LABS, INC.’S REQUEST FOR
18 DEMETRIUS GARCIA, TYLER DAVIS, ) COORDINATION OF ADD-ON CASE
and A.M, A MINOR, BY AND THROUGH )
19 HER GUARDIAN AD LITEM, JAMIE )
NORDSTROM, ) Hon. Garrett L. Wong
20 ) Department: 610
Plaintiffs, )
21 v. ) Action filed: May 11, 2020
) FAC filed: June 3, 2020
22 JUUL LABS, INC., previously d/b/a PAX ) Trial Date: None set
Labs, Inc. and PLOOM Inc.; ALTRIA )
23 Group, Inc.; Adam Bowen; James Monsees; )
and DOES 1-100, )
24 )
Defendants. )
25
26 Exhibit A to Notice of Submission
27 Part 4 of 6
28
NOTICE OF SUBMISSION OF JUUL LABS, INC.’S REQUEST FOR COORDINATION OF ADD-ON CASE
Exhibit 32
Exhibit 33
C:p 1(
f) If
ORIGINAL
Claudia C. Bohorquez. Esq. (SBN 150647)
cbohorquez@bohorquezlawgroup.com MAY 11 2020
2 LAW OFFICES OF CLAUDIA C. BOHORQUEZ Shmi ~ ~ f f i c « / Cl"k
5670 Wilshire Blvd., Suite 1800 By--1.....,.._,J.,R.~--• Deputy
3
Los Angeles, CA 90036 Steven Drew
4 Telephone: (323) 648-6761
Facsimile: (323) 978-6637
5
Stephen R. Hunt, Jr. [to be admitted Pro Hae Vice]
6 shunt@co,ywatson.com
HirlyeR. "Ryan" Lutz, ill [to be admitted Pro Hae Vice]
7
rlutz@corywatson.com
8 R..Andrew Jones [to be admitted Pro f1'J,£ Vi~
ajones@co,ywatson.com HEt,;EIVED
9 CORY WATSO , P.C.
2131 Magnolia Avenue MAY 11 2020
IO Bi1n1ingham, AL 35205
II Telephone: (205) 328-2200 Filing Window
Facsimile: (205) 324-7896
12
Attorneys for Plaintiffs
13
14 SUPERIOR COURT OF THE STATE OF CALIFORNIA
•••I 15 FOR THE COUNTY.·OF LOS ANGELES
16
Tamika Lites, an individual; Mario Mashi, an
17 individual; Amanda Stelzer, an individual;
18
Kellie Barnes, an individual; Sbeika Tirado,
an individual; Denzel Bryan, an individual;
Case No. 20STCV18409
Amber Welch, an individual.
19 COMPLAINT FOR DAMAGES
Plaintiffs,
20 1. Negligence
2.
·~.n 21
V.
3.
Strict Liability
Failure to Warn
JUUL LABS, INC., a corporation and DOES 4. egligent Misrepresentation
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22 l through 100, inclusive, 5. Fraudulent Misrepresentation
6. Breach of Implied Warranty
23 Defendants. 7. Breach of Express Warranty
8. Deceit By Concealment
24 9. Constructive F raud
25 DEMAND FOR JURY TRIAL
26
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27 VIA FAX
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COMPLAINT FOR DAMAGES
PARTIES
2 I. Plaintiff Tamika Lites is a citizen of Los Angeles, California. Plaintiff Mario Mashi
3 is a citizen of New RocheJle, New York. Plaintiff Amanda Stelzer is a citizen of Delaware, Ohio.
4 Plaintiff Kellie Barnes is a citizen of Bethel, North Carolina. Plaintiff Sheika Tirado is a citizen of
5 Southington, Connecticut. Plaintiff Denzel Bryan isa citizen of Brooklyn, New York. Plaintiff
6 Amber Welch is a citizen of Tupelo, Mississippi.
7 2. Defendant JUUL Labs, Inc. ("JUUL") is a Delaware corporation. [ts principal place
8 of business is in San Francisco, California. JUUL' s Registered Agent is CT Corporation System,
9 818 West Seventh Street, Suite 930, Los Angeles CA, 90017.
10 3. Plaintiffs Tamika Lites, Mario Mashi, Amanda Stelzer, Kellie Barnes, Sheika Tirado,
11 Denzel Bryan, Amber Welch, (hereinafter collectively referred to as "Plaintiffs") are ignorant of the
12 true names and capacities of Defendants sued herein as Does 1 through 100 and therefore sue these
13 Defendants by such fictitious names pursuant to the provisions of California Code of Civ il
14 Procedure§ 474. Plaintiffs are informed and believe, and upon such information and belief allege,
15 that each of the Defendants designated as a Doe are legally responsible in some manner for the
16 events and happenings hereinafter referred to, and caused damages thereby as hereinafter alleged.
17 Plaintiffs will seek leave of the Court to amend this complaint to show the true names and capacities
18 of the Defendants, and each of them, designated as Does when the same have been ascertained. At
19 all times relevant to this action Defendants and Does I through 100, inclusive, and each of them,
20 were the agents, servants, employees and joint venturers of each other and at all times herein
,:;:, 21 mentioned each and all were acting within the course, scope and purpose of their respective agency,
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IJ 23 JURISDICTION
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' , 24 4. The Court has jurisdiction over this action pursuant to California Constitution,
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25 Article 6, § IO and Code of California Civil Procedure§ 382.
26 5. There is no federal juri.sdiction in this case. All claims are brought pursuant to
27 California state law. There are no federal causes of action and Plaintiffs expressly disclaims any
28 federal causes of action. All named Defendants are citizens of the state of California with their
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COMPLMNT FOR DAMAGES
principal place of business in California. There are no damages claimed in this case that would
2 trigger federal jurisdiction under the Class Action Fairness Act.
3 ALLEGATIONS
4 JUUL Falsely Advertises Its E-Cigarette System as "Safe"
5 6. This case arises from Defendants' fa ilure to properly assess and warn about the harm
6 that its products cause to the human lungs and body. JUUL fai led to evaluate and warn about the
7 dangers of its products, and it falsely advertises itse-cigarette system as a safe alternative to
8 traditional cigarettes. JUUL evaluated and knew or shou ld have known the potential dangers of its
9 products but failed to adequately asce1tain and warn about those dangers. Plaintiffs seek relief for
IO themselves individually.
11 7. In this action, the Plaintiffs address and allege only those misrepresentations and
12 omissions JUUL made in its social media marketing to the Plaintiffs and other youth. That marketing
13 and those misrepresentations and om issions are referred to as "advertising" in this Complaint. The
14 Plaintiffs do not address, al.lege, or sue over any labeling of the Defendant's products. They make
15 no allegation regarding any JUUL label.
16 8. JUUL is a pioneer in Electronic Nicotine Delivery Systems ("ENDS") and related
17 technologies. ENDS are touted as a safe alternative to traditional combustible cigarettes. JUUL
I8 introduced its ENDS-branded, innovative commercial product to the Un ited States market in 20 I 5.
19 JUUL products are available via retail locations in 1.50 countries and the JUUL online store.
20 9. The JUUL system is comprised of two components: (i) a vaporizer device and (ii)
,:a, 21 disposable pods that are prefilled with a proprietary mixture of vaporizer caniers, nicotine salt
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23 using the mouthpiece, the device rapidly heats thee-liquid, aerosolizing it to allow the user to inhale
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24 a puff of the vaporized e-liquid. JUUL Labs, lnc. owns and operates juullabs.com and juulvapor.com
25 where it advertises and sells e-cigarettes and pods.
26 10. JUUL advertises its e-cigarettes and pods del iberately to attract minors and young
27 adults, including those who have never even been regu lar tobacco smokers. The JUUL system
28 delivers more potent doses of nicotine than traditional cigarettes. Under the guise of a safe
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COMPLAINT FOR DAi\11AGES
alternative, JUUL thus exposes these nonregular-tobacco users to highly-addictive products. The
2 flavored product coupled with the patented nicotine formation creates a perfect storm for add iction
3 among high schoolers, college students, and adults. JUUL makes it easy to purchase its products.
4 The JUUL e-cigarettes and pods are available for purchase online. There is also a subscription
5 service on JUUL's website. The JUUL system has been widely adopted and attained tremendous
6 commercial success, currently holding over 70% of thee-cigarette market share. JUUL e-cigarettes
7 are sleek, discrete, and easy to hide. The system looks like a USB flash drive and can even be
8 charged using the USB port of a computer. On itsface, JUUL does not appear to be a tobacco-
9 related product. Pods come in flavors that appeal to minors, as young as middle school, as well as
IO high-school and college students. These flavors include mango, fruit medley, creme brftlee, cool
11 mint, and cool cucumber. Flavors play a key role in the use of tobacco products in teens and young
12 adults. Numerous physician and health organizations have urged the FDA to act on this epidemic,
13 citing the FDA 's Population Assessment of Tobacco and Health (PATH) Study found that 85
14 percent of current e-cigarette users aged 12-17 had used flavored product in the past month and 81.5
15 percent of those young users cited flavors as the reason for their use of the product. JUUL e-
16 cigarettes deliver nicotine more quickly, more effectively, and at higher doses than other e-
17 cigarettes, increasing the users' risk of addiction. Each pod of e-liquid contains as much nicotine as
18 a pack of cigarettes (i.e., about 200 puffs).
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COMPLAINT FOR DAMAGES
11. E-cigarettes were largely unregulated until May 10, 2016, when the Department of
2 Health and Human Services, Food and Drug Administration, passed 21 CFR Parts 1100, l 140, and
3 J 143: "Deeming Tobacco Products To Be Subject to the Federal Food, Drug, and Cosmetic Act, as
4 Amended by the Family Smoking Prevention and Tobacco Control Act; Restrictions on the Sale
5 and Distribution of Tobacco Products and Required Warning Statement for Tobacco Products." The
6 FDA has allowed e-cigarettes that were already on the market as of August 8, 2016, to stay on the
7 market until at least 2022 without fi ling applications or undergoing public health review by the
8 FDA. The sale and market growth of JUUL e-cigarettes and pods has thus occurred without any
9 regu latory oversight into the health risks of the vaporization of nicotine salts. On April 24, 2018,
IO however, the FDA requested that JUUL submit to the FDA documents relating to market practices
11 and research on marketing, effect of product design, public health impact, and adverse experiences
12 and complaints related to JUUL products.
13 Studies High light the Negative Health Effects of JUUL
14 12. The simple yet almost unfathomable reality is that, until recently, very littlewas
15 known about the detrimental health effects that JUUL e-cigarettes and pods cause to the human
16 lungs and body. In accordance with section 904(b) of the FD&C Act, the FDA requested that JUUL
17 "submit alI documents relating to marketing practices and research activities and research findings,
18 conducted, supported, or possessed by you or your agents relating to a specific set of
19 topics ... research may include, but is not limited to, focus groups, surveys, experimental clini.cal
20 stud ies, toxicological and biochemical assays, in vivo and in vitro assays including animal testing,
,:..;.,, 21 laboratory formu lation and processing testing, taste panels, and assessments of the effectiveness of
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23 cigarettes on humans. Since the science has developed, we have found that JUUL isa wolf-in-
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25 conspicuous e-cigarettes. What has been marketed and sold as a fun, harmless, and trendy pastime
26 is anything but that. This year the American vaporizer market wi ll grow to five and a half billion
27 dollars, an increase of twenty-five percent from 2017. 70% of that market belongs to JUUL.
28 13. Nicotine is both a stimu lant and relaxant. Biochemically, itworks by binding to
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COMPLAINT FOR DAMAGES
receptors in multiple regions of the brain. It raises dopamine levels and can m1m1c key
2 neurotransmitters that affect foc us and arousal. The nicotine delivery for JUUL is enhanced by
3 adding benzoic acid to nicotine salts, which occur naturally in tobacco, allowing for rapid nicotine
4 delivery in vapor form that is quickly absorbed into the lungs and brain. When inhaled, the flavored
5 vapor is pleasing to the palate and the nicotine produces a rush to the brain.
6 14. In March 2018, Dr. Johnathan Winickoff, the former chair of the American Academy
7 of Pediatrics Tobacco Consortium, said that "JUUL is already a massive public-health disaster-and
8 without dramatic action it's going to get much, much worse." Dr. Winickoff, who is also a
9 pediatrician at Massachusetts General Hospital and Professor at Harvard Medical School also noted
10 that: "[i]f you were to desi.g n your ideal nicotine-delivery device to add ict a large numbers of United
1I States kids, you' d invent JUUL." Of the emerging e-cigs, JUULs have all the necessary elements to
12 take over a substantial portion of the market share. ]ts batteries can be recharged in an hour, itis
13 flavored, it can often be used without detection, and it contains somewhere around twice the
14 concentration of nicotine as other vape products. For those aged 18 to 24, 40 percent were not
15 smokers before using the device. On September I, 2018, the Israeli Government instituted a ban on
16 the sale of JUUL e-cigarettes in fsrael, citing that JUUL poses "a grave danger to pub Iic health."
17 15. JUUL' s e-liquid contains five ingredients: glycerol, propylene glycol, nicotine,
18 benzoic acid, and food-grade flavoring. Glycerol is a sweet liquid that has been used in antifreeze
19 and toothpaste. Propylene glycol is used in asthma nebulizers. Benzoic acid is a common food
20 preservative. Vaporing these liquids at elevated temperatures may resu lt in the generation of known
=> 21 pulmonary toxicants, incl uding acrolein, acetaldehyde, and fo rmaldehyde. Some of the chemicals
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25 peoples' cognitive development, making them more susceptible to other addictions later in life. A
26 Lancet study in March 2007 ranked nicotine as more addictive than alcohol or barbiturates. The
27 National Academ ies recently published Public Health Consequences of E-Cigarettes, which shows
28 incontrovertible evidence that using e-cigarettes creates dependence.
COMPLAINT FOR DAMAGES
16. JUUL is patent-protected and has an expanding customer base. It has seen
2 exponential growth that has far exceeded expectations. The company' s patented JUULSalts
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4 tobacco leaves. According to JUUL's website, freebase nicotine is mixed with benzoic acid to make
5 thee-liquid, which has a chemical reaction that produces the nicotine salts. JUUL U.S. Patent No.
6 9,215,895 covers its process to produce nicotine salts. The patented process al lows 20% more
7 nicotine to enter the blood stream than a Pall Mall cigarette, rendering the risk of addiction and
8 abuse higher for JUUL users versus those who use traditional cigarettes.
9 17. JUUL heavily promotes its products via social-media platforms. It presents the
10 products as trendy, fresh, and safer alternatives to cigarettes, thus minim izing the health risks and
11 addictiveness of "juuling." This adve1tising mirrors how the tobacco industry promoted cigarettes
12 as being cool while suppressing the long-term adverse health complications. Research conducted by
I3 the University of Kansas has shown that young people fail to question the information touted in the
14 e-cigarette ads, that the ads make them bel ieve that they would not get addicted toe-cigarettes based
15 on the information portrayed in the ads, and that the emotional appeal of the ads make adolescents
16 perceive social benefits like increased friendships.
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28 18. It took time and resources for healthcare researchers and clinicians to research the
COMPLAINT FOR DAMAGES
effects of vaping on the lungs and human body. The evidence now shown by numerous clinical and
2 scientific studies is not favorable for JUUL. Stanton Glanz, Professor of Medicine with the
3 University of California, San Francisco Center for Tobacco Control, Research and Education, said
4 "it' simportant to understand that e-cigs have an entirely different toxicological profile" than
5 cigarettes. Glanz notes that "[t]he assumption has been that at least e-cigarettes aren' t worse. But
6 this suggests that they have something in them that isn' t even in standard cigarettes that's worth
7 being worried about."
8 19. Recent studies exam ining the effects of e-cigarettes on the lw1gs have highlighted
9 the dangers of vaping. A study from the Marsico Lung Institute and the Department of Pathology at
10 the University of North Carol ina-Chapel Hill shows that vaping from e-cigarettes causes a unique
11 innate immune response in the lung, involving increased neutrophilic activation and altered mucin
12 secretion. The authors wrote " taken together, our results iJ1dicate that the effects of e-cigarettes are
13 both overlapping with and distinct from what is observed in otherwise healthy cigarette smokers. Jn
14 conclusion, our results chal lenge the concept that e-cigarettes are a healthier alternative to cigarettes
15 and reverse smol
24 that they observed immune cells with "the fine, foamy-looking appearance that is characteristic of
25 chemical injuries." The researchers found that patients with lung illnesses from vaping had tissue
26 damage and cell death in the lining of the airways and in the lungs themselves. As the body of the
27 patient reacts and tries to heal, the tissue swells and can narrow the airways. Dead cells slough off
28 into the airways, blocking them further, and fluids leak in the lungs' air sacs. The swelling, tissue
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damage and fluid bui ldup make it impossible for the patient to breathe. The researchers found that
2 it istoo soon to tellwhether the survivors' lungs would fully recover and whether vaping would
3 lead to lifelong, chronic respiratory problems. Butt UM, Smith ML, Tazelaar HD, et al. Pathology
4 of vaping-associated lung injury, N Eng J Med. DOI: 10. 1056/NEJMc 1913069, 2019 October 2.
5 20. The regular use of e-cigarettes, including JUUL, presents a clear and present danger
6 of acute and chron ic injury to the pulmonary and cardiovascular systems of nonsmokers and adults
7 who were not previously traditional cigarette smokers. Science News reports that about 1.9 million
8 American adults who have never consistently smoked traditional cigarettes use e-cigarettes. About
9 60% of these users were between the ages of 18 and 24. These numbers were based on the analysis
10 of data from 2016 and are much higher in 2019. We know that there are carcinogens in the vapor
1I created by JUUL e-cigarettes and scientists are concerned about the addictive risk of nicotine and
12 multiple chemicals that are contained in the vapor and how nicotine may serve as a catalyst to
13 increase the risk of cancer. There is concern about the addictive properties of the JUUL e-cigarette
14 in both nicotine addiction and behavioral aspects ofjuuling.
15 21. JUUL has been incredibly successful through-its advertising, inducing young people,
16 including middle, high school and college students, to start vaping. fthas done so with wholly
17 inadequate warnings about the potential health hazards of using the JUUL e-cigarettes and pods.
18 Medical evidence shows significant health issues relating to the transmission of glycerol, propylene
19 glycol, nicotine, b'enzoic acid, and food-grade flavoring in the vapor itself. The cytotoxic properties
20 of these vaporized chemicals cause cellular damage to pulmonary and vascular cells that is acute
,:;:, 21 and may lead to hypersensitivity pneumonitis and restrictive airway disease. There is growing
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25 other forms of tobacco use.
26 22. There is a subset of adults who use JUUL e-cigarettes and who will develop
27 significant acute pulmonary inflammation, leading to pneumonitis and pneumonia that will require
28 medical intervention, including hospitalization and potentially mechanical ventilation. There is
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another subset of JUUL users who wi11 sustain varying degrees of pulmonary injury that, over time,
2 may cause shortness of breath, dyspnea, restrictive airway disease, and COPD. Modern pulmonary
3 medicine allows physicians to assess and measure the level of pulmonary injury regarding both
4 restrictive airway disease and inflammatory changes through advanced non-invasive pulmonary
5 function tests and bronchoscopy. Past and current JUUL users who have exposed and continue to
6 expose their pulmonary and cardiovascular systems to vapor will need medical monitoring to assess
7 how badly the vaping has affected them. Restrictive airway disease is often pe1111anent and JUUL
8 users wi ll need to know how continued use may permanently impair their health and restrict their
9 mobility. The evidence shows that never smokers who use JUUL will have increased risks of cancer
IO from the carcinogenic compounds found in the vapor.
II 23. The FDA Comm issioner has also recently announced a possible link between seizure
12 and e-cigarette use. See U.S. Food and Drug Administration, Statement from FDA Commissioner
13 Scott Gottlieb, M.D., and Principal Deputy Comm issioner Amy Abernethy, M.D., Ph.D., on FDA's
14 ongoing scientific investigation of potential safety issue related to seizures reported fo llowing e-
.. -I 5 cigarette use, particularly in youth and young adults; April 3, 2019, https://www.fda.gov/news-
l6 events/press-announcements/statement-fda-com missioner-scott-gottlieb-md-and-principal-deputy-
17 commissioner-amy-abernethy-rnd-phd.
18 P laintiffs' JUUL Addiction Leads to Injuries and Requires Medical Treatment
19 24. Plaintiff Tamika Lites began using JUUL as an ad ult and has sustained serious
20 injuries from her JUUL usage, including but not limited to seizures and nicotine addiction. Plaintiff
,Z) 2l continues to suffer from her use of this dangerous product.
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25 26. Plaintiff Amanda Stelzer began using JUUL as an adult and has sustained serious
26 injuries from her JUUL usage, including but not limited to lung injury, acute respiratory distress
27 syndrome, and nicotine add iction. Plaintiff continues to suffer from her use of this dangerous
28 product.
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COMPLATNT FOR DAMAGES
27. Plaintiff Kellie Barnes began using JUUL as an adult and has sustained serious
2 injuries from her JUUL usage, including but not limited to lung injury, respiratory failure, and
3 nicotine addiction. Plaintiff continues to suffer from her use of this dangerous product.
4 28. Plaintiff Sheika T irado began using JUUL as an adult and has sustained serious
5 injuries from her JUUL usage, including but not limited to lung injury, a collapsed lung, and nicotine
6 addiction. Plaintiff continues to suffer from her use of this dangerous product.
7 29. Plaintiff Denzel Bryan began using JUUL as an adult and has sustained serious
8 injuries from his JU UL usage, including but not limited to lung injury, a collapsed lung, and nicotine
9 addiction. Plaintiff continues to suffer from his use of this dangerous product.
10 30. Plaintiff Amber Welch began using JUUL as an adult and has sustained serious
11 injuries from her JUUL usage, including but not limited to lung injury, pulmonary bloods clots, and
12 nicotine addiction. Plaintiff continues to suffer from her use of this dangerous product.
13 31. Upon information and bel ief, Defendants concealed and failed to completely disclose
14 their knowledge that their products were associated with or could cause serious injuries. In the
15 alternative, Defendants concealed their knowledge that they had failed to fully test or study said
16 risks.
17 32. JUUL's failure to disclose in its advertising information that it possessed regarding
18 the failure to adequately test and study its product(s) for serious health risks further rendered the
19 advertising for tllis product inadequate.
20 33. By reason of the foregoing acts and omissions, Plaintiffs have endured and continue
·=) 21 to suffer severe personal injuries, including medical expenses, physical pain and mental anguish,
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I"-' 23 FIRST CAUSE OF ACTION: NEGLIGENCE
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25 34. Plaintiffs repeat, reiterate and reallege each and every allegation of this Complaint
26 contained in each of the foregoing paragraphs inclusive, with the same force and effect as if more
27 fully set fotth herein.
28 35. Defendants as designers, manufacturers, retailers, wholesalers, suppliers, and
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COMPLAI NT FOR DAMAGES
distributors of JUUL e-cigarettes and pods were negligent in carrying out the manufacturing,
2 retailing, design, wholesaling, testing, advertising, promotion, and distribution of the products.
3 Defendants' negligence proximately caused the defects inherent in the JUUL e-cigarettes and pods.
4 Plaintiffs have suffered and wil l continue to suffer from the physical injuries and threat of future
5 injuries as described herein.
6 36. As a proximate cause of Defendants' negligence, Plaintiffs have emp loyed and will
7 be forced to continue to employ cl inicians to exam ine, treat, and care for them, and will incur
8 medical, hospital, pharmaceutical, and incidental and consequential expenses. Plaintiffs have
9 incurred and will continue to incur such medical, hospital, pharmaceutical, and incidental and
IO consequential expenses in the future.
I1 SECOND CAUSE OF ACTION: STRICT LIABILITY
12 (AGAINST ALL DEFENDANTS)
13 37. Plaintiffs repeat, reiterate and reallege each and every allegation of this Complaint
14 contained in each of the foregoing paragraphs inclusive, with the same force and effect as if more
15 fully set fo1th herein.
16 38. Defendants as the designers, manufacturers, retailers, wholesa lers, suppliers, and
17 distributors of the JUUL e-cigarettes and pods are strictly liable to the Plaintiffs for designing,
18 manufacturing, retailing, distributing, wholesaling, supplying, and placing on the market and in the
19 flow of commerce a defective product knowing that the product, as advertised, would be used
20 without adequate research, inspection, and testing. The JUUL e-cigarettes and pods were not fit for
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25 THIRD CAUSE OF ACTION: FAILURE TO WARN
26 (AGAINST ALL DEFENDANTS)
27 39. Plaintiffs repeat, reiterate and reallege each and every allegation of this Complaint
28 contained in each of the foregoi ng paragraphs incl.usive, with the same force and effect as if more
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COMPLAlNT FOR DAMAGES
fully set forth herein.
2 40. At the time the JUUL e-cigarettes and pods were supplied to Plaintiffs, the product
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ELECTRONICALLY 1 KIRKLAND & ELLIS LLP Mike Brock (pro hac vice) F I L E D 2 Superior Court of California, mike.brock@kirkland.com County of San Francisco Renee D. Smith (pro hac vice) 3 renee.smith@kirkland.com 06/18/2020 300 North La Salle Street Clerk of the Court BY: JUDITH NUNEZ 4 Chicago, IL 60654 Deputy Clerk Telephone: (312) 862-2000 5 Facsimile: (312) 862-2200 6 David I. Horowitz (SBN 248414) MUNGER, TOLLES & OLSON, LLP david.horowitz@kirkland.com Gregory P. Stone (SBN 78329) 7 Robyn E. Bladow (SBN 205189) gregory.stone@mto.com robyn.bladow@kirkland.com Bethany W. Kristovich (SBN 241891) 8 555 South Flower Street, 37th Floor bethany.kristovich@mto.com Los Angeles, CA 90071 350 South Grand Avenue 9 Telephone: (213) 680-8400 Los Angeles, CA 90071 Facsimile: (213) 680-8500 Telephone: (213) 683-9100 10 Facsimile: (213) 687-3702 11 Attorneys for Defendant JUUL LABS, INC. 12 13 SUPERIOR COURT OF THE STATE OF CALIFORNIA 14 COUNTY OF SAN FRANCISCO 15 16 FILLIP VIGODNER, SARAH SUDHOP, ) Case No. CGC-20-584420 BREA FAIRBAIRN-FYFE, JOHN ) 17 GALLAGHER, MANBIR CHAHAL, ) NOTICE OF SUBMISSION OF JUUL DILLON NAJOR, VIRGINIA GALT, ) LABS, INC.’S REQUEST FOR 18 DEMETRIUS GARCIA, TYLER DAVIS, ) COORDINATION OF ADD-ON CASE and A.M, A MINOR, BY AND THROUGH ) 19 HER GUARDIAN AD LITEM, JAMIE ) NORDSTROM, ) Hon. Garrett L. Wong 20 ) Department: 610 Plaintiffs, ) 21 v. ) Action filed: May 11, 2020 ) FAC filed: June 3, 2020 22 JUUL LABS, INC., previously d/b/a PAX ) Trial Date: None set Labs, Inc. and PLOOM Inc.; ALTRIA ) 23 Group, Inc.; Adam Bowen; James Monsees; ) and DOES 1-100, ) 24 ) Defendants. ) 25 26 Exhibit A to Notice of Submission 27 Part 4 of 6 28 NOTICE OF SUBMISSION OF JUUL LABS, INC.’S REQUEST FOR COORDINATION OF ADD-ON CASE Exhibit 32 Exhibit 33 C:p 1( f) If ORIGINAL Claudia C. Bohorquez. Esq. (SBN 150647) cbohorquez@bohorquezlawgroup.com MAY 11 2020 2 LAW OFFICES OF CLAUDIA C. BOHORQUEZ Shmi ~ ~ f f i c « / Cl"k 5670 Wilshire Blvd., Suite 1800 By--1.....,.._,J.,R.~--• Deputy 3 Los Angeles, CA 90036 Steven Drew 4 Telephone: (323) 648-6761 Facsimile: (323) 978-6637 5 Stephen R. Hunt, Jr. [to be admitted Pro Hae Vice] 6 shunt@co,ywatson.com HirlyeR. "Ryan" Lutz, ill [to be admitted Pro Hae Vice] 7 rlutz@corywatson.com 8 R..Andrew Jones [to be admitted Pro f1'J,£ Vi~ ajones@co,ywatson.com HEt,;EIVED 9 CORY WATSO , P.C. 2131 Magnolia Avenue MAY 11 2020 IO Bi1n1ingham, AL 35205 II Telephone: (205) 328-2200 Filing Window Facsimile: (205) 324-7896 12 Attorneys for Plaintiffs 13 14 SUPERIOR COURT OF THE STATE OF CALIFORNIA •••I 15 FOR THE COUNTY.·OF LOS ANGELES 16 Tamika Lites, an individual; Mario Mashi, an 17 individual; Amanda Stelzer, an individual; 18 Kellie Barnes, an individual; Sbeika Tirado, an individual; Denzel Bryan, an individual; Case No. 20STCV18409 Amber Welch, an individual. 19 COMPLAINT FOR DAMAGES Plaintiffs, 20 1. Negligence 2. ·~.n 21 V. 3. Strict Liability Failure to Warn JUUL LABS, INC., a corporation and DOES 4. egligent Misrepresentation , ,., I 22 l through 100, inclusive, 5. Fraudulent Misrepresentation 6. Breach of Implied Warranty 23 Defendants. 7. Breach of Express Warranty 8. Deceit By Concealment 24 9. Constructive F raud 25 DEMAND FOR JURY TRIAL 26 11 27 VIA FAX 11 28 COMPLAINT FOR DAMAGES PARTIES 2 I. Plaintiff Tamika Lites is a citizen of Los Angeles, California. Plaintiff Mario Mashi 3 is a citizen of New RocheJle, New York. Plaintiff Amanda Stelzer is a citizen of Delaware, Ohio. 4 Plaintiff Kellie Barnes is a citizen of Bethel, North Carolina. Plaintiff Sheika Tirado is a citizen of 5 Southington, Connecticut. Plaintiff Denzel Bryan isa citizen of Brooklyn, New York. Plaintiff 6 Amber Welch is a citizen of Tupelo, Mississippi. 7 2. Defendant JUUL Labs, Inc. ("JUUL") is a Delaware corporation. [ts principal place 8 of business is in San Francisco, California. JUUL' s Registered Agent is CT Corporation System, 9 818 West Seventh Street, Suite 930, Los Angeles CA, 90017. 10 3. Plaintiffs Tamika Lites, Mario Mashi, Amanda Stelzer, Kellie Barnes, Sheika Tirado, 11 Denzel Bryan, Amber Welch, (hereinafter collectively referred to as "Plaintiffs") are ignorant of the 12 true names and capacities of Defendants sued herein as Does 1 through 100 and therefore sue these 13 Defendants by such fictitious names pursuant to the provisions of California Code of Civ il 14 Procedure§ 474. Plaintiffs are informed and believe, and upon such information and belief allege, 15 that each of the Defendants designated as a Doe are legally responsible in some manner for the 16 events and happenings hereinafter referred to, and caused damages thereby as hereinafter alleged. 17 Plaintiffs will seek leave of the Court to amend this complaint to show the true names and capacities 18 of the Defendants, and each of them, designated as Does when the same have been ascertained. At 19 all times relevant to this action Defendants and Does I through 100, inclusive, and each of them, 20 were the agents, servants, employees and joint venturers of each other and at all times herein ,:;:, 21 mentioned each and all were acting within the course, scope and purpose of their respective agency, 1_n ,~ 22 service, employment and joint venture relationships. ,_,, IJ 23 JURISDICTION 12) ' , 24 4. The Court has jurisdiction over this action pursuant to California Constitution, •Zl 25 Article 6, § IO and Code of California Civil Procedure§ 382. 26 5. There is no federal juri.sdiction in this case. All claims are brought pursuant to 27 California state law. There are no federal causes of action and Plaintiffs expressly disclaims any 28 federal causes of action. All named Defendants are citizens of the state of California with their 2 COMPLMNT FOR DAMAGES principal place of business in California. There are no damages claimed in this case that would 2 trigger federal jurisdiction under the Class Action Fairness Act. 3 ALLEGATIONS 4 JUUL Falsely Advertises Its E-Cigarette System as "Safe" 5 6. This case arises from Defendants' fa ilure to properly assess and warn about the harm 6 that its products cause to the human lungs and body. JUUL fai led to evaluate and warn about the 7 dangers of its products, and it falsely advertises itse-cigarette system as a safe alternative to 8 traditional cigarettes. JUUL evaluated and knew or shou ld have known the potential dangers of its 9 products but failed to adequately asce1tain and warn about those dangers. Plaintiffs seek relief for IO themselves individually. 11 7. In this action, the Plaintiffs address and allege only those misrepresentations and 12 omissions JUUL made in its social media marketing to the Plaintiffs and other youth. That marketing 13 and those misrepresentations and om issions are referred to as "advertising" in this Complaint. The 14 Plaintiffs do not address, al.lege, or sue over any labeling of the Defendant's products. They make 15 no allegation regarding any JUUL label. 16 8. JUUL is a pioneer in Electronic Nicotine Delivery Systems ("ENDS") and related 17 technologies. ENDS are touted as a safe alternative to traditional combustible cigarettes. JUUL I8 introduced its ENDS-branded, innovative commercial product to the Un ited States market in 20 I 5. 19 JUUL products are available via retail locations in 1.50 countries and the JUUL online store. 20 9. The JUUL system is comprised of two components: (i) a vaporizer device and (ii) ,:a, 21 disposable pods that are prefilled with a proprietary mixture of vaporizer caniers, nicotine salt ,n 1- 22 extracts, and flavoring (together, "e-liquid"). When a user inserts a pod into the device and inhales ,.n -- Iv ,:,) 23 using the mouthpiece, the device rapidly heats thee-liquid, aerosolizing it to allow the user to inhale Iv t"D 24 a puff of the vaporized e-liquid. JUUL Labs, lnc. owns and operates juullabs.com and juulvapor.com 25 where it advertises and sells e-cigarettes and pods. 26 10. JUUL advertises its e-cigarettes and pods del iberately to attract minors and young 27 adults, including those who have never even been regu lar tobacco smokers. The JUUL system 28 delivers more potent doses of nicotine than traditional cigarettes. Under the guise of a safe 3 COMPLAINT FOR DAi\11AGES alternative, JUUL thus exposes these nonregular-tobacco users to highly-addictive products. The 2 flavored product coupled with the patented nicotine formation creates a perfect storm for add iction 3 among high schoolers, college students, and adults. JUUL makes it easy to purchase its products. 4 The JUUL e-cigarettes and pods are available for purchase online. There is also a subscription 5 service on JUUL's website. The JUUL system has been widely adopted and attained tremendous 6 commercial success, currently holding over 70% of thee-cigarette market share. JUUL e-cigarettes 7 are sleek, discrete, and easy to hide. The system looks like a USB flash drive and can even be 8 charged using the USB port of a computer. On itsface, JUUL does not appear to be a tobacco- 9 related product. Pods come in flavors that appeal to minors, as young as middle school, as well as IO high-school and college students. These flavors include mango, fruit medley, creme brftlee, cool 11 mint, and cool cucumber. Flavors play a key role in the use of tobacco products in teens and young 12 adults. Numerous physician and health organizations have urged the FDA to act on this epidemic, 13 citing the FDA 's Population Assessment of Tobacco and Health (PATH) Study found that 85 14 percent of current e-cigarette users aged 12-17 had used flavored product in the past month and 81.5 15 percent of those young users cited flavors as the reason for their use of the product. JUUL e- 16 cigarettes deliver nicotine more quickly, more effectively, and at higher doses than other e- 17 cigarettes, increasing the users' risk of addiction. Each pod of e-liquid contains as much nicotine as 18 a pack of cigarettes (i.e., about 200 puffs). 19 20 •...,) 21 I11 22 •J1 23 ,-:; I I 24 25 26 27 28 4 COMPLAINT FOR DAMAGES 11. E-cigarettes were largely unregulated until May 10, 2016, when the Department of 2 Health and Human Services, Food and Drug Administration, passed 21 CFR Parts 1100, l 140, and 3 J 143: "Deeming Tobacco Products To Be Subject to the Federal Food, Drug, and Cosmetic Act, as 4 Amended by the Family Smoking Prevention and Tobacco Control Act; Restrictions on the Sale 5 and Distribution of Tobacco Products and Required Warning Statement for Tobacco Products." The 6 FDA has allowed e-cigarettes that were already on the market as of August 8, 2016, to stay on the 7 market until at least 2022 without fi ling applications or undergoing public health review by the 8 FDA. The sale and market growth of JUUL e-cigarettes and pods has thus occurred without any 9 regu latory oversight into the health risks of the vaporization of nicotine salts. On April 24, 2018, IO however, the FDA requested that JUUL submit to the FDA documents relating to market practices 11 and research on marketing, effect of product design, public health impact, and adverse experiences 12 and complaints related to JUUL products. 13 Studies High light the Negative Health Effects of JUUL 14 12. The simple yet almost unfathomable reality is that, until recently, very littlewas 15 known about the detrimental health effects that JUUL e-cigarettes and pods cause to the human 16 lungs and body. In accordance with section 904(b) of the FD&C Act, the FDA requested that JUUL 17 "submit alI documents relating to marketing practices and research activities and research findings, 18 conducted, supported, or possessed by you or your agents relating to a specific set of 19 topics ... research may include, but is not limited to, focus groups, surveys, experimental clini.cal 20 stud ies, toxicological and biochemical assays, in vivo and in vitro assays including animal testing, ,:..;.,, 21 laboratory formu lation and processing testing, taste panels, and assessments of the effectiveness of ',1 ,- 22 product marketing practices." Modern science has thus been playing catch-up with the effects of e- ,r, I > 23 cigarettes on humans. Since the science has developed, we have found that JUUL isa wolf-in- ..J 1...: • 1,.J ,_, 24 sheep's-clothing, delivering as much or more nicotine and harmful chem icals as bigger, more 25 conspicuous e-cigarettes. What has been marketed and sold as a fun, harmless, and trendy pastime 26 is anything but that. This year the American vaporizer market wi ll grow to five and a half billion 27 dollars, an increase of twenty-five percent from 2017. 70% of that market belongs to JUUL. 28 13. Nicotine is both a stimu lant and relaxant. Biochemically, itworks by binding to 5 COMPLAINT FOR DAMAGES receptors in multiple regions of the brain. It raises dopamine levels and can m1m1c key 2 neurotransmitters that affect foc us and arousal. The nicotine delivery for JUUL is enhanced by 3 adding benzoic acid to nicotine salts, which occur naturally in tobacco, allowing for rapid nicotine 4 delivery in vapor form that is quickly absorbed into the lungs and brain. When inhaled, the flavored 5 vapor is pleasing to the palate and the nicotine produces a rush to the brain. 6 14. In March 2018, Dr. Johnathan Winickoff, the former chair of the American Academy 7 of Pediatrics Tobacco Consortium, said that "JUUL is already a massive public-health disaster-and 8 without dramatic action it's going to get much, much worse." Dr. Winickoff, who is also a 9 pediatrician at Massachusetts General Hospital and Professor at Harvard Medical School also noted 10 that: "[i]f you were to desi.g n your ideal nicotine-delivery device to add ict a large numbers of United 1I States kids, you' d invent JUUL." Of the emerging e-cigs, JUULs have all the necessary elements to 12 take over a substantial portion of the market share. ]ts batteries can be recharged in an hour, itis 13 flavored, it can often be used without detection, and it contains somewhere around twice the 14 concentration of nicotine as other vape products. For those aged 18 to 24, 40 percent were not 15 smokers before using the device. On September I, 2018, the Israeli Government instituted a ban on 16 the sale of JUUL e-cigarettes in fsrael, citing that JUUL poses "a grave danger to pub Iic health." 17 15. JUUL' s e-liquid contains five ingredients: glycerol, propylene glycol, nicotine, 18 benzoic acid, and food-grade flavoring. Glycerol is a sweet liquid that has been used in antifreeze 19 and toothpaste. Propylene glycol is used in asthma nebulizers. Benzoic acid is a common food 20 preservative. Vaporing these liquids at elevated temperatures may resu lt in the generation of known => 21 pulmonary toxicants, incl uding acrolein, acetaldehyde, and fo rmaldehyde. Some of the chemicals ',, .... ,- 22 in the flavoring have known adverse respiratory effects. Marketed as a transitional product to help IJ7 Iv 23 adult smokers stop smoking cigarettes, many p hysicians question whether the higher doses of ·r-.J =-~ ,::::, 24 nicotine delivered in a JUUL-vape draw just make the user want more. Nicotine affects young 25 peoples' cognitive development, making them more susceptible to other addictions later in life. A 26 Lancet study in March 2007 ranked nicotine as more addictive than alcohol or barbiturates. The 27 National Academ ies recently published Public Health Consequences of E-Cigarettes, which shows 28 incontrovertible evidence that using e-cigarettes creates dependence. COMPLAINT FOR DAMAGES 16. JUUL is patent-protected and has an expanding customer base. It has seen 2 exponential growth that has far exceeded expectations. The company' s patented JUULSalts .., .J approach to nicotine delivery is due to compounds called nicotine salts, which develop in heat-dried 4 tobacco leaves. According to JUUL's website, freebase nicotine is mixed with benzoic acid to make 5 thee-liquid, which has a chemical reaction that produces the nicotine salts. JUUL U.S. Patent No. 6 9,215,895 covers its process to produce nicotine salts. The patented process al lows 20% more 7 nicotine to enter the blood stream than a Pall Mall cigarette, rendering the risk of addiction and 8 abuse higher for JUUL users versus those who use traditional cigarettes. 9 17. JUUL heavily promotes its products via social-media platforms. It presents the 10 products as trendy, fresh, and safer alternatives to cigarettes, thus minim izing the health risks and 11 addictiveness of "juuling." This adve1tising mirrors how the tobacco industry promoted cigarettes 12 as being cool while suppressing the long-term adverse health complications. Research conducted by I3 the University of Kansas has shown that young people fail to question the information touted in the 14 e-cigarette ads, that the ads make them bel ieve that they would not get addicted toe-cigarettes based 15 on the information portrayed in the ads, and that the emotional appeal of the ads make adolescents 16 perceive social benefits like increased friendships. JUUL OJUUlvl!)OI4 J..n 201:, V 17 JUUl v.;,orlOY8 •JUl/l ~ Y l p c t ~ 18 19 20 21 - ,_,, 1- 22 ,.n ,..., 23 ,;::.J 1,.> ,:::, 24 25 26 27 28 18. It took time and resources for healthcare researchers and clinicians to research the COMPLAINT FOR DAMAGES effects of vaping on the lungs and human body. The evidence now shown by numerous clinical and 2 scientific studies is not favorable for JUUL. Stanton Glanz, Professor of Medicine with the 3 University of California, San Francisco Center for Tobacco Control, Research and Education, said 4 "it' simportant to understand that e-cigs have an entirely different toxicological profile" than 5 cigarettes. Glanz notes that "[t]he assumption has been that at least e-cigarettes aren' t worse. But 6 this suggests that they have something in them that isn' t even in standard cigarettes that's worth 7 being worried about." 8 19. Recent studies exam ining the effects of e-cigarettes on the lw1gs have highlighted 9 the dangers of vaping. A study from the Marsico Lung Institute and the Department of Pathology at 10 the University of North Carol ina-Chapel Hill shows that vaping from e-cigarettes causes a unique 11 innate immune response in the lung, involving increased neutrophilic activation and altered mucin 12 secretion. The authors wrote " taken together, our results iJ1dicate that the effects of e-cigarettes are 13 both overlapping with and distinct from what is observed in otherwise healthy cigarette smokers. Jn 14 conclusion, our results chal lenge the concept that e-cigarettes are a healthier alternative to cigarettes 15 and reverse smol 24 that they observed immune cells with "the fine, foamy-looking appearance that is characteristic of 25 chemical injuries." The researchers found that patients with lung illnesses from vaping had tissue 26 damage and cell death in the lining of the airways and in the lungs themselves. As the body of the 27 patient reacts and tries to heal, the tissue swells and can narrow the airways. Dead cells slough off 28 into the airways, blocking them further, and fluids leak in the lungs' air sacs. The swelling, tissue 9 COMPLAIN T FOR DAMAGES damage and fluid bui ldup make it impossible for the patient to breathe. The researchers found that 2 it istoo soon to tellwhether the survivors' lungs would fully recover and whether vaping would 3 lead to lifelong, chronic respiratory problems. Butt UM, Smith ML, Tazelaar HD, et al. Pathology 4 of vaping-associated lung injury, N Eng J Med. DOI: 10. 1056/NEJMc 1913069, 2019 October 2. 5 20. The regular use of e-cigarettes, including JUUL, presents a clear and present danger 6 of acute and chron ic injury to the pulmonary and cardiovascular systems of nonsmokers and adults 7 who were not previously traditional cigarette smokers. Science News reports that about 1.9 million 8 American adults who have never consistently smoked traditional cigarettes use e-cigarettes. About 9 60% of these users were between the ages of 18 and 24. These numbers were based on the analysis 10 of data from 2016 and are much higher in 2019. We know that there are carcinogens in the vapor 1I created by JUUL e-cigarettes and scientists are concerned about the addictive risk of nicotine and 12 multiple chemicals that are contained in the vapor and how nicotine may serve as a catalyst to 13 increase the risk of cancer. There is concern about the addictive properties of the JUUL e-cigarette 14 in both nicotine addiction and behavioral aspects ofjuuling. 15 21. JUUL has been incredibly successful through-its advertising, inducing young people, 16 including middle, high school and college students, to start vaping. fthas done so with wholly 17 inadequate warnings about the potential health hazards of using the JUUL e-cigarettes and pods. 18 Medical evidence shows significant health issues relating to the transmission of glycerol, propylene 19 glycol, nicotine, b'enzoic acid, and food-grade flavoring in the vapor itself. The cytotoxic properties 20 of these vaporized chemicals cause cellular damage to pulmonary and vascular cells that is acute ,:;:, 21 and may lead to hypersensitivity pneumonitis and restrictive airway disease. There is growing 1,,/1 ,..... 22 scientific concern among public-health officials that vaping may cause a much higher rate of COPD ' ,, I• _l 23 in young adults and that vaping may evolve into a national health epidemic because it has become ':i;) I ) ,::;) 24 a means to nicotine addiction, rather than an end. Vaping among young people is surpassing all 25 other forms of tobacco use. 26 22. There is a subset of adults who use JUUL e-cigarettes and who will develop 27 significant acute pulmonary inflammation, leading to pneumonitis and pneumonia that will require 28 medical intervention, including hospitalization and potentially mechanical ventilation. There is 10 COMPLAIN T FOR DAMAGES another subset of JUUL users who wi11 sustain varying degrees of pulmonary injury that, over time, 2 may cause shortness of breath, dyspnea, restrictive airway disease, and COPD. Modern pulmonary 3 medicine allows physicians to assess and measure the level of pulmonary injury regarding both 4 restrictive airway disease and inflammatory changes through advanced non-invasive pulmonary 5 function tests and bronchoscopy. Past and current JUUL users who have exposed and continue to 6 expose their pulmonary and cardiovascular systems to vapor will need medical monitoring to assess 7 how badly the vaping has affected them. Restrictive airway disease is often pe1111anent and JUUL 8 users wi ll need to know how continued use may permanently impair their health and restrict their 9 mobility. The evidence shows that never smokers who use JUUL will have increased risks of cancer IO from the carcinogenic compounds found in the vapor. II 23. The FDA Comm issioner has also recently announced a possible link between seizure 12 and e-cigarette use. See U.S. Food and Drug Administration, Statement from FDA Commissioner 13 Scott Gottlieb, M.D., and Principal Deputy Comm issioner Amy Abernethy, M.D., Ph.D., on FDA's 14 ongoing scientific investigation of potential safety issue related to seizures reported fo llowing e- .. -I 5 cigarette use, particularly in youth and young adults; April 3, 2019, https://www.fda.gov/news- l6 events/press-announcements/statement-fda-com missioner-scott-gottlieb-md-and-principal-deputy- 17 commissioner-amy-abernethy-rnd-phd. 18 P laintiffs' JUUL Addiction Leads to Injuries and Requires Medical Treatment 19 24. Plaintiff Tamika Lites began using JUUL as an ad ult and has sustained serious 20 injuries from her JUUL usage, including but not limited to seizures and nicotine addiction. Plaintiff ,Z) 2l continues to suffer from her use of this dangerous product. ,.n ,.- 22 25. Plaintiff Mario Mashi began using JUUL as an adult and has sustained serious •.Tl I._, 23 injuries from his JUUL usage, includ ing but not limited to lung injury and nicotine addiction. 1:Z, Iv 1".I', 24 Plaintiff continues to suffer from his use of this dangerous product. 25 26. Plaintiff Amanda Stelzer began using JUUL as an adult and has sustained serious 26 injuries from her JUUL usage, including but not limited to lung injury, acute respiratory distress 27 syndrome, and nicotine add iction. Plaintiff continues to suffer from her use of this dangerous 28 product. I1 COMPLATNT FOR DAMAGES 27. Plaintiff Kellie Barnes began using JUUL as an adult and has sustained serious 2 injuries from her JUUL usage, including but not limited to lung injury, respiratory failure, and 3 nicotine addiction. Plaintiff continues to suffer from her use of this dangerous product. 4 28. Plaintiff Sheika T irado began using JUUL as an adult and has sustained serious 5 injuries from her JUUL usage, including but not limited to lung injury, a collapsed lung, and nicotine 6 addiction. Plaintiff continues to suffer from her use of this dangerous product. 7 29. Plaintiff Denzel Bryan began using JUUL as an adult and has sustained serious 8 injuries from his JU UL usage, including but not limited to lung injury, a collapsed lung, and nicotine 9 addiction. Plaintiff continues to suffer from his use of this dangerous product. 10 30. Plaintiff Amber Welch began using JUUL as an adult and has sustained serious 11 injuries from her JUUL usage, including but not limited to lung injury, pulmonary bloods clots, and 12 nicotine addiction. Plaintiff continues to suffer from her use of this dangerous product. 13 31. Upon information and bel ief, Defendants concealed and failed to completely disclose 14 their knowledge that their products were associated with or could cause serious injuries. In the 15 alternative, Defendants concealed their knowledge that they had failed to fully test or study said 16 risks. 17 32. JUUL's failure to disclose in its advertising information that it possessed regarding 18 the failure to adequately test and study its product(s) for serious health risks further rendered the 19 advertising for tllis product inadequate. 20 33. By reason of the foregoing acts and omissions, Plaintiffs have endured and continue ·=) 21 to suffer severe personal injuries, including medical expenses, physical pain and mental anguish, '·,, ,- ,_,, 22 diminished enjoyment of life, and loss of earnings, among other damages. I"-' 23 FIRST CAUSE OF ACTION: NEGLIGENCE ,::;;, I. ,.=.,- 24 (AGAINST ALL DEFENDANTS) 25 34. Plaintiffs repeat, reiterate and reallege each and every allegation of this Complaint 26 contained in each of the foregoing paragraphs inclusive, with the same force and effect as if more 27 fully set fotth herein. 28 35. Defendants as designers, manufacturers, retailers, wholesalers, suppliers, and 12 COMPLAI NT FOR DAMAGES distributors of JUUL e-cigarettes and pods were negligent in carrying out the manufacturing, 2 retailing, design, wholesaling, testing, advertising, promotion, and distribution of the products. 3 Defendants' negligence proximately caused the defects inherent in the JUUL e-cigarettes and pods. 4 Plaintiffs have suffered and wil l continue to suffer from the physical injuries and threat of future 5 injuries as described herein. 6 36. As a proximate cause of Defendants' negligence, Plaintiffs have emp loyed and will 7 be forced to continue to employ cl inicians to exam ine, treat, and care for them, and will incur 8 medical, hospital, pharmaceutical, and incidental and consequential expenses. Plaintiffs have 9 incurred and will continue to incur such medical, hospital, pharmaceutical, and incidental and IO consequential expenses in the future. I1 SECOND CAUSE OF ACTION: STRICT LIABILITY 12 (AGAINST ALL DEFENDANTS) 13 37. Plaintiffs repeat, reiterate and reallege each and every allegation of this Complaint 14 contained in each of the foregoing paragraphs inclusive, with the same force and effect as if more 15 fully set fo1th herein. 16 38. Defendants as the designers, manufacturers, retailers, wholesa lers, suppliers, and 17 distributors of the JUUL e-cigarettes and pods are strictly liable to the Plaintiffs for designing, 18 manufacturing, retailing, distributing, wholesaling, supplying, and placing on the market and in the 19 flow of commerce a defective product knowing that the product, as advertised, would be used 20 without adequate research, inspection, and testing. The JUUL e-cigarettes and pods were not fit for ,:;:) ,.,,.., 21 their intended purpose and/or the risks inherent in the design of the JUUL e-cigarettes and pods ..... ,,.,, ..... 22 outweighed the benefits and/or the JUUL e-cigarettes and pods were more dangerous than the ,...., 23 Plaintiffs anticipated. Plaintiffs have suffered and will continue to suffer from physical inj uries and ,:::, I ) ,;) 24 the continu ing likelihood of medical problems as described herein. 25 THIRD CAUSE OF ACTION: FAILURE TO WARN 26 (AGAINST ALL DEFENDANTS) 27 39. Plaintiffs repeat, reiterate and reallege each and every allegation of this Complaint 28 contained in each of the foregoi ng paragraphs incl.usive, with the same force and effect as if more 13 COMPLAlNT FOR DAMAGES fully set forth herein. 2 40. At the time the JUUL e-cigarettes and pods were supplied to Plaintiffs, the product