New York State Takes on Illegal Vapor Sales Over Youth Use
ALBANY, N.Y. — New York State is fighting back against vapor products that seemingly draw in underage users.
New York Attorney General Letitia James filed a lawsuit against 13 major e-cigarette or vapor product manufacturers, distributors and retailers for their role in fueling the youth vaping epidemic. According to James, these companies are responsible for illegally distributing, marketing and selling flavored disposable vapes, which have become popular among minors.
An Office of the Attorney General (OAG) investigation found that these companies market highly addictive, candy- and fruit-flavored nicotine products to underage consumers, mislead customers about the safety and legality of their products, illegally ship products to New York and violate health regulations designed to curb youth vaping, a press release stated.
[Read more: New York Officials Challenge Sales of Illegal Disposable Flavored E-Cigarettes]
The manufacturers, distributors and retailers named in the lawsuit are 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 Price Point principals Weis Khwaja, Hamza Jalili and Mohammad Jalili.
The lawsuit seeks hundreds of millions of dollars, including financial penalties for violations of local, state and federal laws; damages and restitution for the public health impact of the companies' illegal actions; the recovery of all revenue made from unlawful activity; and the establishment of an abatement fund to address the youth vaping crisis in New York.
"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," James said. "For too long, these companies have disregarded our laws in order to profit off of our young people, but we will not risk the health and safety of our kids. Today, we are taking critical steps toward holding these companies accountable for the harm they have caused New Yorkers."
Among the allegations, the OAG investigation found that these companies often rely on social media in their marketing and use celebrity or influencer endorsements, sponsor brand activations and social media photo opportunities at popular festivals and events, and promote dangerous vaping trends and challenges to drive engagement online.
The investigation also revealed that vapor product companies have continued to target young people with deceptive and misleading messages about the products' safety, the press release added.
None of the companies named in the lawsuit have received authorization from the U.S. Food and Drug Administration (FDA) for their fruit or candy flavored vapor products. The lawsuit alleges the companies have knowingly and intentionally ignored FDA warning letters and regulations, as well as the federal Prevent All Cigarette Trafficking Act, which prohibits online sales of vaping products to consumers and unlicensed retailers.
In addition to violating federal bans on shipping these products, the companies fail to register with the appropriate authorities, verify recipients' ages or follow any other shipping restrictions, the lawsuit alleges.
James also alleges that these vapor companies have blatantly disregarded New York State public health laws, including several policies enacted in recent years to curb youth vaping. In 2020, New York banned the sale of flavored vapor products, restricted the shipment and transport of nicotine products, and raised the legal purchase age for all vapes to 21. The state also banned coupons and discounts on vapor products and began requiring certain companies to disclose dangerous ingredients in the products.
The OAG investigation uncovered evidence of the alleged illegal conduct, including documents showing illegal shipments of flavored vapor products to New York residential addresses, communications demonstrating companies' knowledge of health and legal risks, and company advertisements and social media campaigns that misleadingly promoted vapor products as safe and fun.
