Lincoln Public Schools will be the first Nebraska school district to join 250 districts across the country in suing a company for allegedly targeting the sale of its popular vaping products to young people.
The Lincoln Board of Education on Tuesday gave its lawyers the go-ahead to file a federal lawsuit as part of an effort to hold Juul Labs Inc. accountable for allegedly creating a highly addictive product and targeting young people with fruity and minty flavors and easily concealed pods.
Called a mass-action litigation, LPS will file a lawsuit drafted by a California law firm in U.S. District Court in Nebraska that will be consolidated with lawsuits from 22 states in a California federal court.
William Shinoff, with Frantz Law Group and the lead attorney on the case, said the lawsuits were filed separately because the harm caused to districts — given the differences of size and location — differs, but they’ll be consolidated for purposes of litigation.
Nationally, the number of 12th graders who reported consuming nicotine doubled between 2017 and 2018, and in 2019, more than 5 million middle and high school students reported using e-cigarettes, according to lawsuits filed by other school districts.
At LPS, the number of students caught possessing or using vaping products more than doubled from the 2017-18 school year (139) to 2019-20 (376), according to district officials. In comparison, just 62 students were caught using or possessing tobacco products in each of those years.
In 2019-20 — when students were in school for only three quarters of the year because of the pandemic — 390 students were caught vaping or possessing vaping products, compared with just 39 with tobacco.
Shinoff, who represented southern California school districts for nine years before joining the Frantz lawsuit, said all his clients saw the surge in vaping, after years of work to reduce tobacco use by students.
He said an investigation into Juul has revealed how it targeted its highly addictive product to minors through social media marketing and the flavors it created, following a similar philosophy once used by tobacco companies: if you addict young customers, you create a customer for life.
“The issue spilled over onto school campuses, disrupting the learning environment,” he said. “When a company creates something like this, they have to be held accountable.”
The lawsuits seek monetary damages to help schools with prevention efforts such as vaping detectors, supervision, counselors and education efforts.
The lawsuits also seek injunctive relief to stop the company from marketing to young people, including making pods in appealing flavors.
Jim Gessford, an attorney who represents LPS, said one of the advantages for the district is that the lawsuit will be filed on a contingent basis, which means, other than filing fees, LPS will pay nothing unless the lawsuit is successful. He said the lawsuit likely will be filed within the next three months.
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Vonda Kapke (left) and her neighbor Paul Koester dig out the sidewalk in front of their homes on Rose Street, Tuesday, Dec. 29, 2020. JUSTIN WAN, Journal Star
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Ethan (bottom) and Colin Easley take to the slopes as they joined dozens of others to enjoy the substantial snowfall on Tuesday, Dec. 29, 2020, at Holmes Lake Park. The Lincoln Airport reported 6.5 inches of snow as of noon. North of the city, Raymond reported 7 inches. FRANCIS GARDLER, Journal Star
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Fan attendance for this basketball game between Lincoln East and Norfolk was greatly reduced due to the coronavirus pandemic, Monday, Dec. 28, 2020. JUSTIN WAN, Journal Star
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Neil Stubblefield (L) sleds down the ramp at Pioneers Park as Erin Burianek watches on Friday, Dec. 25, 2020. GWYNETH ROBERTS, Journal Star
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Joshua Schulte does most of his writing on his couch in his living room or wherever he is most comfortable on Wednesday, Dec. 23, 2020. Joshua Schulte, 13, started writing the Schulte Daily when the pandemic started, he has since pivoted to the Schulte Weekly (issue 72 was last week). When asked why he started Joshua stated, "It might've been because I was bored, I've always liked writing newspaper articles." Joshua distributes his newspaper to 7 local families in his neighborhood. Even making a mile long bike ride to deliver a copy top his grandparents. He also has written an 80-page Christmas book that takes place in London in the 1800s. KENNETH FERRIERA, Journal Star.
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A man crosses a snowy intersection at Q and North 13th Streets, Wednesday, Dec. 23, 2020. JUSTIN WAN, Journal Star
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The Schawang family listens from their front porch to Santa Claus read, 'Twas The Night Before Christmas on Monday, Dec. 21, 2020. Shawntay and Glen Schawang's children, Maxine (from left), Valentine, Jules, and Calvin have been leaving gifts and surprises for nearby retired couples. The retirees in the neighborhood had no idea who was leaving the gifts behind. "The kids were getting such a kick out of being the mystery gift givers," retiree Rodney Turner said. After deducing who the mystery gift givers were, the older neighbors began to leave gifts of their own. Going back and forth leaving little surprises for months. To wrap up the year, the retirees decided to schedule a visit from the master gift giver himself. KENNETH FERRIERA, Journal Star.
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Robert Fugarino takes a photo of the conjunction of Saturn and Jupiter on his smartphone at Holmes Lake Park, Monday, Dec. 21, 2020. JUSTIN WAN, Journal Star
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Staying socially distanced from Santa Claus, Hailey Neff (left) delivers her list of Christmas gift wishes to the fellow from the North Pole on Saturday, Dec. 19, 2020, during a visit to Pioneers Park. Saint Nick toured the area, making stops at Holmes Park, Walt Branch Library and Williams Branch Library in addition to Pioneers Park. FRANCIS GARDLER, Journal Star
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As Joseph and Mary in the Nativity, Mekhi Mitchell (left) and Nadia Ra-Shaun are the focal point of First-Plymouth Church's "Love Looks Like This," a Christmas drive-by wonderland--with a forest of trees, extravagant lighting, bigger than life-sized animal puppets and more. A gift to the community in celebration of the season, and in support of CEDARS Home for Children on Friday, Dec. 18, 2020. FRANCIS GARDLER, Journal Star
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Newly minted Nebraska State Trooper Grant Moody, of Aurora, embraces his brother Grady Moody, 10, as his father, Gary Moody, looks on, after the graduation ceremony of Nebraska State Patrol, Friday, Dec. 18, 2020, at Nebraska State Capitol. JUSTIN WAN, Journal Star
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A flock of Canada geese flies over the skyline of downtown Lincoln in this photo taken from Oak Lake Park, Wednesday, Dec. 16, 2020. JUSTIN WAN, Journal Star
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Scents in the snow attract a dog's attention in Antelope Park on Wednesday, Dec. 16, 2020. GWYNETH ROBERTS, Journal Star
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Merchandisers Sam Steinberger (left) and Mark Carlson move a pallet of wines at Beer, Wine and Spirits, Wednesday, Dec. 16, 2020. JUSTIN WAN, Journal Star
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CHI Health St. Elizabeth RN Crystal Shield (L) administers a COVID-19 vaccination to hospitalist Cory Shield on Tuesday, Dec. 15, 2020. GWYNETH ROBERTS, Journal Star
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Volunteers from Stand In for Nebraska help load bags of clothing to be transported and donated to the Pine Ridge Reservation on Sunday, Dec. 13, 2020. The annual winter clothing drive for the Pine Ridge Reservation had its most successful year yet. A record number of donations poured in from all over Nebraska. With so many donations, clothing drive organizer Bill Hawkins posted on Facebook to ask for a bigger truck. Stand in for Nebraska, a local nonprofit group, answered the call and paid for the gas as well. By the end of the morning the 26-foot moving truck was packed tight with donations heading northwest. KENNETH FERRIERA, Journal Star.
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Fan cutouts in the east stadium stands received a patina of overnight snow on Saturday, Dec. 12, 2020, at Memorial Stadium. FRANCIS GARDLER, Journal Star
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Matt Glassburner moves a pallet with some of the nearly 700 Zager Guitars donated to Lincoln Public Schools at the LPS Distribution Center on Friday, Dec. 11, 2020. GWYNETH ROBERTS, Journal Star
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Light snow is seen at Nebraska State Capitol, Friday, Dec. 11, 2020. JUSTIN WAN, Journal Star
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Mike Blessing (L) enjoys a bike ride along the Rock Island Trail on a warm Wednesday, Dec. 9, 2020. GWYNETH ROBERTS, Journal Star
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A swan paddles around a pond around the sunset hours at Wyuka Cemetery, Tuesday, Dec. 8, 2020. JUSTIN WAN, Journal Star
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People walk in front of the Sparkle Globe during Zoo Lights at Lincoln Children's Zoo, Thursday, Dec. 10, 2020. JUSTIN WAN, Journal Star
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A trio of Canada geese take flight as a kayaker paddles close to where they and others were resting close to shore at Holmes Lake Park on Wednesday, Dec. 9, 2020. Temperatures were forecasted to reach a high of 63 degrees in the area as locals came out for a day of unseasonably warm weather. FRANCIS GARDLER, Journal Star
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Lincoln Christian baseball players Matt Eaton (left) and Kaden Kubik wrap lights around a column at the Christian Heritage Campus on Saturday, Dec. 5, 2020. Approximately 40 volunteers showed up early Saturday morning to set up Christmas lights on Christian Heritage's campus. The local nonprofit plans to host an event called Light the Night, their first ever drive-through Christmas light spectacular. On Dec. 12, the public is encouraged to come to the property in the evening to see the lights. This event is free of charge, but donations are greatly appreciated. KENNETH FERRIERA, Journal Star.
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A rescue crew lowers an injured worker from the top of a tank on Saturday, Dec. 5, 2020, at 84th and South Streets. FRANCIS GARDLER, Journal Star
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Cora Clay looks a tag from atop Eric Clay's shoulders at the Prior Pines Christmas tree farm on Sunday, Dec. 6, 2020. Kent Prior, owner of Prior Pines, estimates that they have sold over 900 trees so far this season. "It is definitely busier this season," Prior said. "On our first day we had people parking on the main road." KENNETH FERRIERA, Journal Star.
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Crete's Braden Schmeckpeper blocks a shot by Hasting's Brayden Schram in the first quarter at Crete High School on Friday, Dec. 4, 2020. KENNETH FERRIERA, Journal Star.
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William Kieffe, with Food Bank of Lincoln, unloads some of the pallets with 35,640 pounds of butter and cheese donated by the Church of Jesus Christ of Latter-day Saints on Wednesday, Dec. 2, 2020. GWYNETH ROBERTS, Journal Star
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Malcolm girls basketball head coach Andy Klepper sprays disinfectant at the weight room, Wednesday, Dec. 2, 2020. JUSTIN WAN, Journal Star
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Santa gives a socially distant air-five to 5 year old Nahlia Killsenemy on Friday, Dec. 4, 2020. Due to Covid-19, children had to maintain 6 feet and were unable to sit in Santa's lap. KENNETH FERRIERA, Journal Star.
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