Schools join in lawsuit against Juul vaping brand

May 6—Cumberland County schools will join other school systems across the state and country against vaping brand Juul Labs Inc.

The suit seeks money for damages the school system has incurred from vaping on campus and for future damages to provide resources to combat vaping among students.

Attorney William B. Shinoff, with Frantz Law Group of San Diego, CA, said, "The point of this litigation is that the taxpayers shouldn't have to pay for the harm that these companies cause. They need to be held accountable and need to provide resources for our schools to deal with these issues."

Anita Hale, 4th District representative and a former teacher, asked administrators if vaping was a problem in the school system — principals and administrators present shoot their heads yes.

A recent survey found 26.9% of Cumberland County students had used a vaping device with nicotine, with 42.1% of high school seniors reporting any use of a vaping device.

The average age of a Cumberland County student first using a vaping device was 14.

The survey, Tennessee Together, was conducted in November among students in the 8th, 10th and 12th grades. About 62%, 982 students, in Cumberland County responded. It provided information on a variety of teen behaviors, including use of alcohol, marijuana and other drugs, including prescription drugs.

Director of Schools Ina Maxwell said, "Those results show very telling information about students who have anonymously said they are using these products.

"We do have quite a bit of information that could go along with this."

Almost 30% of seniors, 12.7% of sophomores and 11.3% of eighth-grade students reported using a vaping device with nicotine in the 30 days before the survey.

Shinoff explained the suit alleges Juul targeted young people through ad campaigns and the use of flavorings that failed to warn of the dangers of the product.

"Now we have children that are addicted to their product due to the fact there is nicotine in their product," he said.

Tennesse was fourth in the state for vaping in 2019, according to U.S. News.

Shinoff explained the lawsuit is a "mass action" case, with each school district filing their own litigation in federal court in California. There are more than 250 school systems across the country participating in the suit, including 28 in Tennessee.

There is no fee for the school system to participate in the legal action. The law firm would collect 20% to 25% of any settlement depending on how long it takes to reach a judgement or settlement.

The school staff would need to fill out a questionnaire that can take 3-5 hours.

"That's the only staff time it would take to be a part of this case," he said.

Damages could include staff time spent dealing with discipline related to student vaping, any educational programs paid for by the schools and other efforts to reduce the use of vaping devices at schools.

Settlements could also provide funds for technology to detect vaping, educational programs and additional staff for supervision and counselors to help students struggling with nicotine addiction. Vape detectors can cost $1,900 to $5,000 per bathroom installation.

Shinoff hopes the litigation can also stop marketing practices that target children.

He said the lawsuit has been ongoing for about 18 months and was currently set for trial in March 2022.

Board attorney Earl Patton said, "I think the board has very little to lose by joining this litigation."

Stace Karge, 9th District representative, moved to join the mass action litigation, supported by Rebecca Hamby, 7th District representative. The vote was unanimous in favor of joining the suit.

The board also approved a bid from Turner Roofing of Crossville for roof replacements at Homestead Elementary, Pleasant Hill Elementary and Cumberland County High School.

The roof at Homestead will cost $89,000. At Pleasant Hill, the project will include the main roof area and the small wing opposite the newest addition at the school, for a cost of $283,300. At Cumberland County High School, the project will include F Wing, the administrative wing and the rest of the gym roof, for a cost of $345,300.

The school system had budgeted $100,000 for the Homestead project and $404,900 for Pleasant Hill. The savings on those projects will help complete sections of roof replacement needed at CCHS, which had $136,000 remaining in its roofing budget. The remaining $76,700 needed will come from other savings on maintenance projects this year.

The kitchen, G Wing and H Wing at CCHS are not included in the bid award, with a bid price of $224,500. Work has already been bid for replacing a section of the gym roof that suffered a leak during the winter. Insurance provided some funds for that project, but the school system spent about $64,000 on that section of roof.

"We did several bid alternates to see what we could afford," Kacee Harris, chief financial officer, told the board.

In other action, the board approved the following items:

—First and second reading of changes to the sick leave policy, with the sick leave bank revised to accommodate the sick leave banks available for certified and non-certified employees, adding that physician certificates may be required when using sick leave and that unused sick leave is terminated or donated when the employee stops working for the school system

—Second and final reading of policy changes to school district goals, policy 1.700, and personnel goals and objectives, policy 5.100, to incorporate changes required by new state laws and policies related to diversity in hiring for the school system

—Volunteers at Cumberland County High School and North Cumberland Elementary

—Disposal of surplus property at Stone Memorial High School, Phoenix School, Pine View Elementary, CCHS, transportation and maintenance departments, North Cumberland Elementary, South Cumberland Elementary, Homestead Elementary, federal programs, food service, special education, career and technical education and general education departments

—Contract with Jostens Pix for underclassmen pictures at Stone Memorial High School and Pro Studio 7 for senior portraits and athletics

—Acceptance of two grants from Volunteer Energy CustomerShare grants at North Cumberland Elementary for $1,200 and $2,750 to support the purchase of Chromebooks and Kindle Fire devices for lower grade students

Heather Mullinix is editor of the Crossville Chronicle. She covers schools and education in Cumberland County. She may be reached at hmullinix@crossville-chronicle.com.