On Thursday, New York initiated legal action against some of the largest electronic cigarette distributors in the nation, alleging violations of state regulations that ban the sale of vaping products with flavors and designs specifically aimed at attracting children.
Attorney General Letitia James announced this lawsuit, which focuses on intermediaries that supply popular fruit and candy-flavored e-cigarettes, such as Puff Bar and Elf Bar, to numerous convenience stores and gas stations throughout the state. This strategy marks a departure from previous lawsuits filed by New York and other states, which predominantly targeted manufacturers like Juul Labs.
Having received intense criticism for igniting the rise of teen vaping, Juul has already spent over $1 billion settling multiple state and local lawsuits related to its early marketing strategies, which included promotional events and free product giveaways. The company ceased the sale of flavors such as mango and mint in 2019, and its appeal among teenagers has diminished significantly since.
Currently, disposable e-cigarettes produced overseas, specifically brands like Elf Bar, are now the preferred choice for high school and middle school students. These products lack approval from federal health authorities but continue to be imported into the U.S., frequently disguised as batteries or cell phones among other items.
The legal complaint, which spans nearly 200 pages, outlines extensive evidence of unlawful practices, including documents that reveal illegal shipments of flavored vapes into New York. The suit also features images of vibrantly colored e-cigarettes that mimic candy and soft drinks, with flavors including “fruity bears freeze,” “cotton candy,” and “strawberry cereal donut milk.”
In 2020, New York imposed a ban on all vaping flavors except for traditional tobacco.
“For an extended period, these companies have ignored our laws to capitalize on the vulnerability of our youth, and we will not gamble with the health and safety of our children,” James declared in a press release.
This lawsuit aims to recover hundreds of millions of dollars in damages from the accused companies and seeks to enforce a permanent prohibition on the sale of flavored vape products within New York.
In a 2022 court hearing, a co-founder of Buffalo’s Demand Vape indicated to a federal judge that his company had marketed over $132 million worth of Elf Bar products in the preceding year. The manufacturer of Elf Bar operates out of Shenzhen, China, offering flavors such as “strawberry mango” and “lemon mint.”
Despite the persistent availability of disposable e-cigarettes, a recent report indicated that the vaping rate among American teens has plummeted to a decade low of less than 6%. Federal data released last year attributed this decline to more rigorous enforcement measures, including the issuance of hundreds of warning letters to retail establishments that were found selling prohibited vaping items.
