New York Attorney General Sues Vape Companies Over Alleged Targeting of Minors
New York Attorney General Letitia James has filed a lawsuit against 13 e-cigarette manufacturers, distributors, and retailers, accusing them of contributing to the rise in youth vaping by selling and marketing flavored disposable vapes that appeal to minors. The lawsuit, filed Thursday, seeks hundreds of millions of dollars in penalties, restitution, and the establishment of a fund to address youth vaping in the state.
According to the Office of the Attorney General (OAG), the companies involved manufacture and distribute popular brands such as Puff Bar, Elf Bar, Geek Bar, and Breeze, among others. The lawsuit alleges that these businesses have been selling flavored nicotine products illegally in New York, using marketing tactics that attract young consumers, and failing to comply with state and federal regulations designed to curb underage vaping.
The lawsuit claims that the vaping industry employs marketing strategies similar to those once used by the tobacco industry, including bright packaging, fruit and candy flavors, and social media promotion. The OAG states that flavors such as “Blue Razz Slushy,” “Sour Watermelon Patch,” and “Cotton Candy” are designed to appeal to young consumers. Additionally, the complaint alleges that some companies use influencer marketing and digital campaigns to promote their products, further increasing their reach among minors.
The OAG investigation also claims that these companies have continued selling flavored vapes despite a 2020 New York state ban on such products. Furthermore, the lawsuit states that some businesses have ignored federal regulations requiring authorization from the U.S. Food and Drug Administration (FDA) for flavored vape products, making their sales unlawful under federal law.
Attorney General James cited concerns over the health effects of vaping, particularly for young people. According to the New York State Department of Health, e-cigarette use among high school students has increased significantly over the past decade, reversing progress in reducing nicotine use among adolescents.
The lawsuit references studies from the American Lung Association indicating that certain vape ingredients can cause irreversible lung damage and that nicotine exposure during adolescence may impact cognitive development and increase the risk of addiction to other substances.
In addition to marketing concerns, the lawsuit alleges that the companies in question have violated shipping and sales regulations. The Prevent All Cigarette Trafficking (PACT) Act prohibits online sales of vaping products to consumers and unlicensed retailers. The OAG asserts that some businesses have continued to ship products to New York customers without verifying recipients’ ages or following required registration protocols.
The lawsuit highlights how certain companies, such as Puff Bar and its affiliates, allegedly circumvented regulations by reintroducing products with synthetic nicotine to evade FDA oversight. The complaint also details how some distributors, including Demand Vape and Happy Distro, played key roles in the distribution of flavored vapes across New York, often in close proximity to schools.
The complaint further accuses some defendants of failing to disclose product ingredients as required by New York law. Additionally, the lawsuit alleges that vape manufacturers and distributors intentionally misled consumers by downplaying health risks and falsely marketing e-cigarettes as a “safer” alternative to smoking.
The lawsuit aims to hold these companies accountable by seeking financial penalties, the recovery of profits gained from illegal sales, and a court order barring them from selling flavored vapes in New York. The Attorney General’s office is also calling for public corrective statements to educate consumers about the health risks associated with vaping.
Several public health advocates and community leaders have expressed support for the lawsuit, citing concerns about the long-term effects of youth nicotine addiction. Organizations such as the Long Island Council on Alcoholism and Drug Dependence and Parents Against Vaping have praised the Attorney General’s actions, calling them a necessary step in protecting young people from potentially harmful products.
This lawsuit is the latest in a series of legal actions taken by Attorney General James against the vaping industry. In April 2023, her office secured a $462 million settlement from Juul for its role in the youth vaping crisis. Other enforcement actions have included lawsuits against retailers accused of selling to minors and efforts to push for stronger federal regulation of e-cigarettes.
The 13 companies named in the lawsuit include Puff Bar, MYLE Vape, Pod Juice, Mi-One Brands, Happy Distro, Demand Vape, EVO Brands, PVG2, Magellan Technology, Midwest Goods, Safa Goods, EVO Brands, and Price Point Distributors, as well as several company executives.
The lawsuit also calls for a permanent ban on the sale of flavored vapes in New York and demands the creation of an abatement fund to mitigate the public health crisis.