In re Juul Labs, Inc. Antitrust Litigation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 Case No. 20-cv-02345-WHO

IN RE: JUUL LABS, INC., ANTITRUST

LITIGATION

ORDER ON SECOND MOTION

COMPEL Dkt. Nos: 284

12 Defendant Juul Labs, Inc. (“JLI”) again moves to compel arbitration because the newly named Direct Purchaser Plaintiffs (“DPPs”) gave constructive assent to arbitrate when they purchased JLI products or used the JLI website. The motion requires me to apply current precedent on this nettlesome issue to a series of web pages from 2017 to the present. I conclude that the DPPs’ use of JLI’s landing page after JLI modified it in April 2021 establishes constructive assent and grant the motion to compel. Whether the scope of the arbitration includes plaintiffs’ purchases made prior to that is for the arbitrator to decide. In my August 2021 Order, I granted JLI’s first motion to compel arbitration of the claims of the then-named DPPs Anthony Martinez, Jessica McGee, and Mallory…