New York State Attorney General Letitia James filed a lawsuit against 13 leading e-cigarette manufacturers, distributors, and retailers for allegedly marketing flavored nicotine products to minors, violating state and federal regulations, and contributing to rising youth nicotine addiction rates.
The defendants include Puff Bar, Elf Bar, Geek Bar, Breeze, MYLE Vape, Pod Juice, Mi-One Brands, Happy Distro, Demand Vape, EVO Brands, PVG2, Magellan Technology, Midwest Goods, Safa Goods, Price Point Distributors, and Price Point principals Weis Khwaja, Hamza Jalili, and Mohammad Jalili, according to a press release from the Office of the New York State Attorney General. None have received U.S. Food and Drug Administration (FDA) authorization for their fruit- or candy-flavored vapes, making their sales illegal under federal law.
"The vaping industry is taking a page out of Big Tobacco's playbook: they're making nicotine seem cool, getting kids hooked, and creating a massive public health crisis in the process," said Attorney General James.
The investigation revealed that the companies marketed products with names like "Blue Razz Slushy," "Sour Watermelon Patch," "Unicorn Cake," "Fruity Bears Freeze," "Cotton Candy," "Rainbow Rapper," "Sour Fruity Worms," "Fruity Pebbles," and "Strawberry Cereal Donut Milk." Early in the COVID-19 pandemic, Puff Bar explicitly targeted youths with advertisements describing their products as "the perfect escape from back-to-back zoom calls [and] parental texts."
The companies allegedly violated multiple regulations, including the federal Prevent All Cigarette Trafficking Act and New York's 2020 flavored vapor product ban. The investigation found that companies failed to register with authorities, verify recipients' ages, and ignored FDA warning letters. Additional violations included disregarding New York's age 21 purchase requirement, ban on coupons and discounts, and mandatory ingredient disclosure regulations.
According to the New York State Department of Health, e-cigarette use among high school students has increased significantly over the past decade, with flavored vapes being the most commonly used nicotine product among youth. The American Lung Association reported that these products can cause irreversible lung damage, while nicotine exposure during adolescence may permanently alter brain development.
"Nicotine is a potent mind- and mood-altering drug that potentially develops into a physical and psychological dependence," said Steve Chassman, Executive Director of the Long Island Council on Alcoholism and Drug Dependence. "The implications of nicotine intoxication and dependence for young people on their mental, physical, academic, and social well-being are far reaching when dangerous levels of nicotine are consumed at a vulnerable age."
"These predatory companies purposefully preyed on our classmates and peers, irreparably damaging our lives," said Erin Kennedy, founder of anti-vaping advocacy group at East Hampton High School.
The lawsuit seeks hundreds of millions in damages, penalties, and disgorgement of revenues, along with the establishment of an abatement fund to address the youth vaping crisis. Additionally, the Attorney General is pursuing a permanent ban on flavored vape sales in New York and mandatory public corrective statements about vaping dangers.
This action builds on Attorney General James' previous enforcement efforts, including a $462 million settlement with Juul Manufacturers in April 2023, ordering dozens of retailers to stop underage sales in December 2020, cracking down on three online retailers in July 2020, and leading a seven-state coalition urging stronger FDA action in April 2019.
