On March 30, 2021, Adam Jenkins(“Plaintiff”), represented by Rand Patrick Nolen of Fleming, Nolen Jez, L.L.P. on behalf of his son, M.R.J., individually and on behalf of others similarly situated filed a class action personal injury lawsuit against Juul Labs, Inc., Altria Group, Inc., Philip Morris USA, Inc., Altria Client Services LLC, Altria Group Distribution Company and others (collectively, “Defendants”), seeking damages, disgorgement and certification of class action for knowingly making false and deceptive statements with respect to the products. This case was filed in U.S. District Court in the Northern District of California with Judge William H. Orrick presiding.
Plaintiff brings this action individually and on behalf of all persons who purchased, in the United States, a JUUL e-cigarette and/or JUUL pods and on behalf of all persons who purchased, in Mississippi, a JUUL e-cigarette and/or JUUL pods. under Federal Rules of Civil Procedure 23(a), (b)(2), (b)(3) and/or (c)(4).
Plaintiff in its complaint alleged that “Defendants Bowen, Monsees, Pritzker, Valani, and Huh thus, and as further set forth in this complaint, controlled JLI and used it to make fraudulent misrepresentations or omissions regarding Juul’s intentional addictiveness and method of nicotine delivery, combined with the intent, contrary to public statements, to grow the market for nicotine-addicted individuals for their own financial gain.”
Plaintiff further alleged that “JLI, the Management Defendants, and Altria worked together to implement their shared goal of growing a youth market in the image of the combustible cigarette market through a multi-pronged strategy to: (1) create an highly addictive product that consumers would not associate with cigarettes and that would appeal to the lucrative youth market, (2) deceive the public into thinking the product was a fun and safe alternative to cigarettes that would also help smokers quit, (3) actively attract young users through targeted marketing, and (4) use a variety of tools, including false and deceptive statements to the public and regulators, to delay regulation of e-cigarettes. As detailed more fully throughout this Complaint, each of the Defendants played a critical role—at times overlapping and varying over time—in each of these strategies.”
Plaintiff has laid down five claims for relief. The fist claim is for violations of the Racketeer Influenced and Corrupt Organizations Act (“RICO”)912 which has various facets including violation of 18 U.S.C. § 1962(c), violations of 18 U.S.C. § 1962(d) and violation of the Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301, et seq.). The second claim for relief is for violation of Mississippi Consumer Protection Act (Miss. Code Ann. § 75-24-1, et seq.), the third claim is for Common Law Fraud, the fourth claim is for Breach of the Implied Warranty of Merchantability, and the fifth claim is for Unjust Enrichment.
In its prayer for relief, Plaintiff has requested this court to certify this action as a class action, Enter judgment against Defendants and in favor of Plaintiff, Award damages (including statutory, punitive, and multiple damages as provided by law) and restitution to the classes plus interest. Plaintiff further requested the court to order disgorgement from the Defendants along with costs of litigation.
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Pending - Other Pending
William H. Orrick
Altria Client Services LLC
Altria Group Distribution Company
Juul Labs, Inc.
Altria Group, Inc.
Philip Morris USA, Inc.
Rand Patrick Nolen
Attorney at Fleming, Nolen Jez, L.L.P.
2800 Post Oak Blvd., Suite 4000
Houston, TX 77056
Civil Cover Sheet
Docket(#5) SUMMONS Returned Executed by Adam Jenkins. Adam Bowen served on 4/7/2021, answer due 4/28/2021; Altria Client Services LLC served on 4/7/2021, answer due 4/28/2021; Altria Group Distribution Company served on 4/7/2021, answer due 4/28/2021; Altria Group, Inc. served on 4/7/2021, answer due 4/28/2021; Hoyoung Huh served on 4/7/2021, answer due 4/28/2021; James Monsees served on 4/7/2021, answer due 4/28/2021; Juul Labs, Inc. served on 4/7/2021, answer due 4/28/2021; Nicholas Pritzker served on 4/7/2021, answer due 4/28/2021; Philip Morris USA, Inc. served on 4/7/2021, answer due 4/28/2021; Riaz Valani served on 4/7/2021, answer due 4/28/2021. (Nolen, Rand) (Filed on 4/7/2021) (Entered: 04/07/2021)Read MoreRead Less
DocketDIRECT MEMBER CASE OPENED: Jenkins v. Juul Labs, Inc. et al, Opened in California Northern District as CV 21-2228 WHO cc: JPMDL (hdjS, COURT STAFF) (Filed on 4/6/2021) (Entered: 04/06/2021)Read MoreRead Less
Docket(#4) Summons Issued as to Altria Group Distribution Company, Altria Group, Inc., Hoyoung Huh, James Monsees, Juul Labs, Inc., Nicholas Pritzker, Philip Morris USA, Inc.. (hdjS, COURT STAFF) (Filed on 4/6/2021) (Entered: 04/06/2021)Read MoreRead Less
Docket(#3) Case assigned to Judge William H. Orrick. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (mbcS, COURT STAFF) (Filed on 3/30/2021) (Entered: 03/30/2021)Read MoreRead Less
Docket(#2) Proposed Summons. (Nolen, Rand) (Filed on 3/30/2021) (Entered: 03/30/2021)Read MoreRead Less
Docket(#1) COMPLAINT Class Action Complaint against Adam Bowen, Altria Client Services LLC, Altria Group Distribution Company, Altria Group, Inc., Hoyoung Huh, James Monsees, Juul Labs, Inc., Nicholas Pritzker, Philip Morris USA, Inc., Riaz Valani ( Filing fee $ 402, receipt number 0971-15770879.). Filed byAdam Jenkins. (Attachments: #1 Civil Cover Sheet)(Nolen, Rand) (Filed on 3/30/2021) (Entered: 03/30/2021)Read MoreRead Less
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