New York Sues Vape Sellers Over Flavored Nicotine Products
State Files Lawsuit Against 13 Companies
ALBANY, N.Y. (NEXSTAR) — New York State sued 13 companies that sell flavored vaporizer products allegedly aimed at kids. Attorney General Letitia James claimed they break the law and endanger impressionable children in New York with flashy ads, high nicotine content, and shady shipping practices.
The Lawsuit Details
Officials filed the lawsuit on February 20, targeting several vape companies nationwide, including Puff Bar, EVO Brands, PVG2, Happy Distro, Midwest Goods, Pod Juice, Safa Goods, Mi-One, Mylé, MVH I, and Price Point. However, two companies, Magellan and Demand Vape, are based in Buffalo, New York.
New York Association of Convenience Stores Weighs In
“Despite having these products banned in both New York and the rest of the country for nearly half a decade, these bad actors have operated with virtual impunity due to a lack of enforcement by state and federal regulators,” said Alison Ritchie, the President of the New York Association of Convenience Stores. “Our members do not and will not sell these illegal products, and stand ready to help in any way we can. We hope this is the beginning of a long-awaited, coordinated enforcement effort that will stop these dangerous products from crossing our state lines.”
The State’s Argument
The state argues that most of these vapes break New York’s ban on flavors and federal rules that keep tobacco products from minors. In one example, the lawsuit claims that a single disposable vape’s nicotine payload equates with that of multiple packs of cigarettes. When vape companies sell their products online, they don’t accurately verify buyers’ ages or keep proper records of each sale.
The Marketing Tactics
The suit outlines the ways that merchants design their products – with names like “Unicorn Cake,” “Fruity Pebbles,” and “Rainbow Rappers,” and ads with youthful models and vibrant images that make vaping seem harmless – to make them cheaper and more accessible. They’re skirting state laws targeting discounted sales, branded giveaways, and vape promotions at public events, per the lawsuit.
The Consequences
According to the filing, the defendants push bright, disposable vapes in childishly sweet candy, fruit, and dessert flavors. They allegedly strive to create young addicts, deploying playful packaging, social media ads, and deals that favor high-nicotine vapes. The lawsuit accuses vape vendors of misleading young customers about safety, even as studies have long demonstrated high nicotine levels damaging developing brains.
New York’s Request
New York wants the court to order the companies to stop selling any law-breaking vape products in the state and to publicly correct misleading health claims they’ve made in advertisements. The suit calls for millions in damages, penalties, and fines, and bans on company executives from working for New York businesses that sell vapes.
Conclusion
New York Attorney General Letitia James stated, “The vaping industry is taking a page out of Big Tobacco’s playbook: they’re making nicotine seem cool, getting kids hooked, and creating a massive public health crisis in the process. 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. Today, we are taking critical steps toward holding these companies accountable for the harm they have caused New Yorkers.”
FAQs
Q: What is the lawsuit about?
A: The lawsuit is about 13 companies that sell flavored vaporizer products allegedly aimed at kids, and their alleged violations of New York state law and federal regulations.
Q: What are the companies accused of doing?
A: They are accused of breaking the law by selling products with high nicotine content, using flashy ads and marketing tactics to appeal to children, and engaging in shady shipping practices.
Q: What does New York want the court to do?
A: New York wants the court to order the companies to stop selling law-breaking vape products in the state, correct misleading health claims, and impose penalties and fines.
Q: What does the state argue is at stake?
A: The state argues that these companies are putting the health and safety of New York’s children at risk by selling products that are designed to appeal to young people and are potentially addictive and harmful.
