Freehold Regional Schools Join Lawsuit Against E-Cigarette Maker

MONMOUTH COUNTY - The Freehold Regional High School District serves as the latest of nearly 130 districts across the country to join a class-action lawsuit against e-cigarette manufacturer Juul, alleging that its youth-oriented marketing and promotion as a safer alternative to cigarettes has hooked teens nationwide.

According to court documents filed in March, the Monmouth County school district argues that Juul’s elusive marketing to teens and young adults has created a public health crisis in its six schools, resulting in “significant and unexpected levels of time and resources on addressing the pervasiveness of youth e-cigarette use.” The district also states that it has devoted countless time and resources to enforce ordinances or laws, even putting a ban on selling or using e-cigarette products near a school, according to documents, as well as spending time consulting with legal counsel about the e-cigarette epidemic.

“[The Freehold Regional High School District] has been hit hard by the youth e-cigarette epidemic. Students in [FRHSD] schools have openly used e-cigarette devices in classrooms, causing disruption and diverting staff resources away from classroom instruction,” the complaint reads. “Other students, addicted to nicotine, have demonstrated anxious, distracted and acting out behaviors, causing disruption and diverting staff resources away from classroom instruction and requiring additional time and attention for addicted students.”

Consistent with the national trend, the Freehold Regional High School District reports a continuing increase in teen e-cigarette use. In 2020, approximately one in five high school students and one in 20 middle school students identified as an e-cigarette user (or 3.6 million preteens and teens) according to the FDA. The most recent data reflects 3.02 million high school students identify as e-cigarette users. Court documents allege that "many" FRHSD students "use their e-cigarette devices with high frequency throughout the day — with some kids taking a puff as often as every few minutes."

“Unlike a combustible cigarette with its telltale emissions of smoke and distinct smell, the Juul device and Juul-alikes allow kids to vape undetected behind closed doors and even behind their teachers’ backs in the classroom," court documents read.

The lawsuit additionally argues that JUUL is not a product adults use to quit smoking - instead, it is a device used first and foremost by teens. According to one study, as of 2018, only 7.9 percent of American adults had ever used USB shaped e-cigarette devices, like JUUL, and only 2 percent of adults currently used them By contrast, another study found that 15- to 17-year-olds are sixteen times more likely to use JUUL products than 25 to 34-year-olds.

The school district’s complaint against Juul also states that the e-cigarette company’s actions and efforts to market e-cigarettes as a “safe” and “healthier” alternative to smoking and as a way to defy existing smoke-free regulations has resulted in Juul’s normalization or even high regard among youth peer groups. The complaint alleges that the vaping brand has marketed itself as a youthful brand on youth-oriented websites and social media channels, even giving away free devices at music events “without age restrictions.”

In recent years, the district has devoted time and resources to raise awareness and educate the community about the dangers of youth e-cigarette use, including holding parent informational sessions in the evenings about vaping, establishing staff trainings and supporting community alliances. The district has also spent time and resources at faculty meetings to review e-cigarette policies as well as new e-cigarette forms and devices, according to the complaint. But despite all efforts, discipline and suspensions related to e-cigarette use in district schools have increased at "alarming rates". With staff now required to spend more time addressing discipline problems regarding e-cigarette use, concerns have been raised this time away from school has taken away learning time for students - and cost the district overtime in paying detention supervisors.

“Combatting the continual epidemic of student e-cigarette use has caused [FRHSD] to lose substantial personnel hours of the superintendent, assistant superintendents, principals, assistant principals, teachers and security personnel associated with addressing the multiple issues related to e-cigarette use,” the complaint reads. “[FRHSD] has had to process dozens of e-cigarette-related infractions, totaling many hours of time diverted to disciplinary and administrative actions … during the 2018-2019 school year, [FRHSD] schools had 35 incidents of e-cigarette use or possession, costing approximately 12 hours of administrative and security personnel time. When a student is given detention for an e-cigarette infraction, detention proctors are paid approximately $37 per hour.”

The district has also invested resources into monitoring bathrooms, which are popular areas for e-cigarette use, according to the lawsuit. School maintenance staff have had to remove toilets in bathrooms to extract Juul vapes that were flushed and caused damage to the toilets - rendering them unusable - costing the district time, labor and replacement part costs. Dozens of additional cameras and vape detectors to monitor for e-cigarette use have also been installed, according to the complaint. Approximately 40 to 100 new security cameras have been installed per school since the e-cigarette epidemic began around 2018, with each security camera costing approximately $300 to purchase, install and maintain. The district has also installed around three vape detectors per school, with each vape detector costing approximately $1,500 for the same initial purchase, installation and upkeep.

With additional resources, the district could install more vape detectors and cameras, provide more training and education for students, staff, and the public about e cigarette use, and promote added student- parent- and community-lead groups combating e cigarette use, according to documents.

“Like school districts across the nation, the Freehold Regional High School District witnessed the exploitation of our students at the hands of vape manufacturers, like Juul, who directly marketed their products towards children," Superintendent Dr. Charles B. Sampson told Patch in an email statement. "Subsequently, the use of marijuana and nicotine products reached crisis levels amongst teenagers. We responded with training, equipment, and thousands of work hours geared towards changing the tide of poor decisions that companies like Juul actively cultivated amongst teens. We felt compelled to do our part in bringing this crisis to light.”

The Freehold Regional High School District consists of six high schools serving over 10,000 students from Colts Neck, Englishtown, Farmingdale, Freehold Borough, Freehold Township, Howell, Manalapan and Marlboro from ninth through twelfth grade.

“We will continue to reset the vapor category in the U.S. and seek to earn the trust of society by working cooperatively with attorneys general, legislators, regulators, public health officials, and other stakeholders to combat underage use and transition adult smokers from combustible cigarettes," Juul wrote in a statement emailed to Patch.

"As part of that process, the company reduced its product portfolio, halted television, print, and digital product advertising and submitted a Premarket Tobacco Product Application to the U.S. Food and Drug Administration including comprehensive scientific evidence to support the harm reduction potential of its products and data-driven measures to address underage use. Our customer base is the world’s 1 billion adult smokers. We will respond to the allegations through the appropriate legal channels.”