New York has taken legal action against several major distributors of electronic cigarettes, claiming they have broken state laws by selling vaping products designed to attract children. The lawsuit, announced by Attorney General Letitia James, specifically targets companies that distribute fruity and candy-flavored e-cigarettes, like Puff Bar and Elf Bar, to convenience stores and gas stations throughout the state.
This lawsuit marks a shift in strategy compared to past efforts by New York and other states, which usually focused on the manufacturers of these products, such as Juul Labs. Juul has faced significant backlash over its role in the surge of teen vaping, leading the company to pay over $1 billion in settlements related to various lawsuits and investigations regarding its earlier marketing strategies. These strategies included hosting launch events and giving away products that many believe contributed to the vaping crisis among teens. After facing this intense scrutiny, Juul ceased the sale of several flavored products in 2019 and has since lost favor with younger consumers.
Now, it seems that disposable e-cigarettes produced in China, like Elf Bar, are becoming increasingly popular among middle and high school students. None of these products have received approval from federal health authorities, yet they continue to be smuggled into the United States, often disguised as batteries or phones.
New York’s complaint against these distributors is detailed and extensive, highlighting numerous instances of illegal activity. It cites evidence such as documents showing unauthorized shipments of flavored vapes into the state and includes images of colorful e-cigarettes that mimic candy and soft drinks, with enticing flavors like “fruity bears freeze” and “cotton candy.”
In 2020, New York implemented a ban on all vaping flavors except tobacco. Attorney General James emphasized the seriousness of the issue, stating, “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.” The lawsuit aims to seek hundreds of millions of dollars in damages and wants a permanent ban on the sale of flavored vapes in the state.
The companies named in this legal action include Demand Vape from New York, Evo Brands based in California, Safa Goods from Florida, and Midwest Goods of Illinois. Efforts to reach these companies for comment have so far gone unanswered.
Demand Vape reportedly has strong connections with international manufacturers, with co-founders frequently traveling to China to guide product flavoring and marketing. In a prior court case in 2022, a co-founder of Demand Vape mentioned the company sold over $132 million worth of Elf Bar e-cigarettes in just one year. The manufacturer of Elf Bar, located in Shenzhen, China, offers a range of flavors, including “strawberry mango” and “lemon mint.”
Despite the ongoing availability of these disposable e-cigarettes, the vaping rate among U.S. teens has seen a dramatic decrease, hitting a ten-year low of under 6%, according to federal data. Authorities credit this decline to stricter enforcement across the U.S., which has included numerous warning letters sent to retailers selling illicit vaping products.
