On Thursday, New York state filed a lawsuit against several major distributors of electronic cigarettes, claiming that these companies have broken state laws which prevent the sale of flavored vaping products that are intended to attract children.
Attorney General Letitia James revealed the legal action aimed at middlemen who supply fruit- and candy-flavored e-cigarettes, like Puff Bar and Elf Bar, to numerous convenience stores and gas stations statewide. This legal strategy marks a shift from previous lawsuits by New York and other states, which primarily focused on manufacturers such as Juul Labs.
Juul, often criticized for fueling the youth vaping epidemic, has paid over $1 billion to resolve multiple state and local lawsuits regarding its earlier marketing strategies, which included promotional events and free product giveaways. The company has since halted the sale of flavors such as mango and mint since 2019 and has lost popularity among teenagers.
Currently, brands like the disposable e-cigarette Elf Bar, manufactured in China, are becoming the preferred option for high school and middle school students. Despite lacking approval from federal health authorities, these products continue to enter the U.S. marketplace, frequently misrepresented as items like batteries, cell phones, or other goods.
The state’s extensive legal complaint, nearly 200 pages in length, cites “widespread evidence of illegal conduct,” presenting documents that illustrate unlawful shipments of flavored vapes to New York. It also features images of brightly colored e-cigarettes that mimic candy and soft drinks, offering flavors such as “fruity bears freeze,” “cotton candy,” and “strawberry cereal donut milk.”
New York instituted a ban on all vaping flavors except for tobacco back in 2020.
“For too long, these companies have ignored our laws to exploit our youth, but we won’t compromise the health and safety of our children,” James stated.
The lawsuit aims to recover hundreds of millions of dollars in damages from the companies involved, along with a request for a lasting prohibition against their sale of flavored vaping products within New York.
The companies included in the lawsuit are Demand Vape of New York, Evo Brands of California, Safa Goods of Florida, and Midwest Goods of Illinois.
As of Thursday morning, attempts to reach these companies through calls and messages were unsuccessful.
The lawsuit alleges that “Demand Vape has established strong connections with international manufacturers,” noting that its co-founder frequently travels to China to oversee flavor development and marketing initiatives.
In a separate federal case from 2022, the co-founder of Buffalo-based Demand Vape stated that the company had generated over $132 million in sales of Elf Bar e-cigarettes in the preceding year. The maker of Elf Bar, located in Shenzhen, China, offers flavors including “strawberry mango” and “lemon mint.”
Despite the ongoing presence of disposable e-cigarettes in the market, recent federal data indicates a decline in vaping rates among U.S. teenagers, reaching a decade-low of under 6%. Health officials credit this decline to stringent enforcement actions by the U.S. government, which included sending out hundreds of warning letters to retailers selling unauthorized vaping products.
