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New York Officials Challenge Sales of Illegal Disposable Flavored E-Cigarettes

The lawsuit against four vape companies could result in millions in damages and civil penalties.
7/12/2023
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NEW YORK — The City of New York filed a federal lawsuit against four major distributors of flavored disposable e-cigarettes, the most popular vaping devices among middle-school children and high school youth. 

The four defendants — Magellan Technology Inc., Demand Vape, Mahant Krupa 56 LLC and Star Vape — are alleged to have distributed exotically flavored disposable e-cigarettes to retail smoke shops, convenience stores and consumers in New York City through online sales, a violation of federal, state and city laws governing the sale of such products. 

[Read more: FDA Issues Denial Orders for myblu Menthol Vapor Product]

The lawsuit seeks to block the four defendants from further sales of these illegal items. The city also seeks to recover monetary damages and civil penalties from the defendants, potentially totaling millions.

"These products are packed with nicotine, a toxic and highly addictive chemical that is particularly damaging to adolescent minds and bodies," said New York City Mayor Eric Adams. "We will do whatever it takes to keep our children safe, and today's lawsuit seeks to put an end to the greedy, harmful and openly illegal behavior of these four nicotine pushers."

Between 2017 and 2019, e-cigarette use among young people nearly doubled, while a recent study by the Centers for Disease Control and Prevention found sales specifically of youth-appealing flavors, such as fruit, candy and desserts, increased between 2020 and 2022. As most e-liquids provide nicotine levels far exceeding that of conventional cigarettes, a single e-cigarette could expose a young person to the nicotine equivalent of 175 to 350 cigarettes, according to the mayor's office.

The most recent regulatory actions by the U.S. Food and Drug Administration (FDA) have reflected the serious nature of these concerns for underage smokers. In addition to a public service advertising blitz and civil monetary penalties filed against several vape companies, the FDA has also spearheaded a crackdown on the illegal sale of e-cigarettes.

Despite these efforts, city agencies have still documented thousands of illegal sales of flavored vapes by city stores in 2022, according to the mayor's office. Overall, since the formation of the Joint Interagency Task Force convened by Adams last December, the sheriff's office has seized 319,636 packages of flavored vape, with an estimated value of $6.4 million dollars.

"These flavored e-cigarettes are made to appeal to younger people and children, and I am glad that this city is taking action to prevent this health issue from impacting the next generation," said New York City Councilmember Joann Ariola. "We have already seen a wide array of health issues related to the use of e-cigarettes, and I believe this is a great step forward for a healthier, vapor-free future."

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