Pittsburgh schools will join districts suing JUUL, other e-cigarrette makers

Pittsburgh Public Schools will soon join the ranks of districts suing JUUL, the e-cigarettes manufacturer. The school board voted to retain legal counsel at a meeting Wednesday.

“I think that this is a wise decision to join in and file and participate,” said board member Terry Kennedy. “It costs us nothing to do this…there’s a lot of benefit to our students if they understand what’s going on related to JUUL and the others.”

The district will be part of a nationwide litigation program, said Solicitor Ira Weiss, becoming one of around 70 school districts suing the company in the Northern District of California. The case is being handled by Frantz Law Group, in California, and Dillon McCandless King Coulter & Graham, locally. Weiss compared the suit to the tobacco litigation of more than two decades ago.

Aside from JUUL, the litigation will also include Altria Group, which owns 35% of the company; Nu Mark LLC, another Altria tobacco company and Phillip Morris USA, a wholly-owned subsidiary of Altria and the largest cigarette company in the United States.

School districts argue the companies unfairly target young people with their e-cigarette products, which have been linked to breathing difficulties and long-term health issues. The products have become increasingly popular with teens and young adults across the U.S.

In Pittsburgh, schools recorded 135 arrests or citations due to tobacco or vaping in the 2018-2019, compared to just 56 the year prior, according to data from the Pennsylvania Department of Education.

The resolution passed Wednesday will authorize Pittsburgh Public Schools to retain the attorneys and commence legal action. Out-of-pocket-expenses will be covered by Frantz Law Group and deducted from any recovery. The district won’t be required to pay any funds if there is no recovery — meaning there is no risk to the tax-payer, Kennedy said.

The lawsuit will seek financial damages “related to school district costs and expenses related to the use of vaping products on district property,” according to the board’s resolution.

Those expenses include installing vaping detection devices in school restrooms, education programs about health dangers associated with vaping and other training programs for school districts, Weiss said.

Pittsburgh Public Schools is not the first in the area to take this step. At least 10 in Western Pennsylvania have announced lawsuits against JUUL, including McKeesport Area, Butler Area and Mars Area. The North Hills School District officially filed suit on Monday with claims including public nuisance, negligence and racketeering.