New York State has initiated legal action against some of the largest distributors of electronic cigarettes, alleging violations of state regulations that prohibit the sale of vaping products designed to appeal to minors.
According to a statement from Attorney General Letitia James, the lawsuit specifically targets middlemen responsible for distributing flavored e-cigarettes, such as Puff Bar and Elf Bar, to numerous convenience shops and gas stations throughout the state. This tactic marks a shift from previous lawsuits that predominantly focused on manufacturers like Juul Labs.
Juul has been widely criticized for its role in fueling the surge in teen vaping, leading the company to pay over $1 billion in settlements related to numerous lawsuits and probes concerning its early marketing strategies, which included events catering to youth and free product samples. In response to the backlash, Juul halted the sale of certain flavors, including mango and mint, in 2019, resulting in decreased popularity among adolescents.
Conversely, disposable e-cigarettes produced in China, such as Elf Bar, have gained traction amongst high school and middle school students. These products continue to enter the U.S. market, often disguising themselves as batteries or cell phones, despite lacking approval from federal health authorities.
The state’s legal complaint, which spans nearly 200 pages, highlights extensive evidence of unlawful activities, including documents indicating the illegal transport of flavored vapes into New York. The lawsuit also includes images of eye-catching e-cigarettes resembling candy and soda, available in flavors like “fruity bears freeze,” “cotton candy,” and “strawberry cereal donut milk.”
In 2020, New York implemented a ban on all vaping flavors other than tobacco.
“For too long, these companies have ignored our laws in their pursuit of profit at the expense of our youth’s health,” James asserted in her statement.
The lawsuit aims to secure hundreds of millions of dollars in damages from the targeted companies, along with a permanent injunction against the sale of flavored vaping products in New York.
In 2022, during a federal court session, a co-founder of Buffalo-based Demand Vape revealed selling over $132 million worth of Elf Bar e-cigarettes within a single year. The company behind Elf Bar, which originates from Shenzhen, China, offers a variety of flavors, including “strawberry mango” and “lemon mint.”
Despite the ongoing availability of disposable e-cigarettes, the vaping prevalence among American teens has decreased to a 10-year low of under 6%, as per federal statistics released last year. Officials attribute this decline to intensified regulatory actions, including numerous warning letters issued to retail outlets vending unauthorized vaping products.
