New York Attorney General Letitia James has filed a lawsuit against several major electronic cigarette distributors, accusing them of violating state laws that prohibit the sale of vaping flavors and designs that appeal to children. The legal action targets middlemen who distribute fruit- and candy-flavored e-cigarettes like Puff Bar and Elf Bar to hundreds of convenience stores and gas stations across the state.
Companies List:
- Puff Bar
- MYLE Vape
- Pod Juice
- Mi-One Brands
- Happy Distro
- Demand Vape
- EVO Brands
- PVG2
- Magellan Technology
- Midwest Goods
- Safa Goods
- EVO Brands
- Price Point Distributors
This approach differs from past litigation by New York and other states, which focused on vaping manufacturers such as Juul Labs. Juul, widely blamed for sparking the teen vaping trend, has paid more than $1 billion to settle dozens of state and local lawsuits and investigations into its early marketing practices. The company stopped selling flavors like mango and mint in 2019 and is no longer popular among teens.
Instead, Chinese-made disposable e-cigarettes like Elf Bar have become the top choice among high school and middle school students. These products are not approved by federal health regulators but continue to be shipped into the U.S., often mislabeled as batteries, cell phones, or other products.
The state’s nearly 200-page legal complaint points to “widespread evidence of illegal conduct, including documents showing illegal shipments of flavored vapes to New York.” The filing also includes photos of brightly colored e-cigarettes that resemble soft drinks and candy, with flavors like “fruity bears freeze,” “cotton candy,” and “strawberry cereal donut milk.” New York banned all vaping flavors other than tobacco in 2020.
“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,” James said in a statement. The lawsuit seeks hundreds of millions of dollars in damages from the companies, as well as a permanent ban on their sales of flavored vapes in New York.
Companies named in the lawsuit include Demand Vape of New York, Evo Brands of California, Safa Goods of Florida, and Midwest Goods of Illinois. According to the lawsuit, “Demand Vape maintains close ties with international manufacturers, such that its co-founder routinely travels to China where Demand Vape’s products originate to direct flavor development and marketing.”
Despite the continued availability of disposable e-cigarettes, the vaping rate among U.S. teens has fallen to a 10-year low of under 6%, according to federal figures released last year. Government health officials attribute the drop to more aggressive U.S. enforcement, including hundreds of warning letters sent to retail stores selling unauthorized vaping products.
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