New York is suing some of the largest vape distributors for allegedly fueling the country’s youth vaping epidemic.
New York Attorney General Letitia James announced the lawsuit against 13 major e-cigarette, or vape, manufacturers, distributors and retailers for illegally marketing and selling popular flavored vape brands like Puff Bar and Elf Bar to minors.
Selling flavored nicotine vapes has been banned in New York since 2020, but the products can still be found in corner stores and smoke shops in the city.
“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,” said James.
“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.”
In 2018, then-Surgeon General Jerome Adams said vaping among American teenagers had become an “epidemic,” warning that the devices threatened to hook a new generation on nicotine.
Nearly 10 percent 8th graders, 15.4 percent of 10th graders and 21 percent of 12th graders across the country reported vaping nicotine in the past 12 months, according to data from the National Institute on Drug Abuse released last year.
The lawsuit alleges that e-cigarette middlemen have violated state and federal law by marketing the devices to kids and teens by creating product names and flavors appealing to children like “Strawberry Donut,” “Cotton Candy,” and “Tropical Rainbow Blast.”
In the past, New York and several other states sued major e-cigarette manufacturer Juul Labs for the same reason, resulting in a $462 million settlement.
Since then, Juul has stopped selling most flavored vapes with the exceptions being tobacco and menthol.
“Defendants are illegally perpetuating a cycle of harm from the old tobacco industry playbook: hide the harm and use appealing colors and flavors to hook kids for life,” the lawsuit states. “As a result, the youth vaping epidemic is unwinding the decades of work combatting youth cigarette use, which successfully resulted in a dramatic reduction in youth smoking rates.”
The lawsuit seeks millions of dollars in fines as well as to ban defendants from selling flavored nicotine vapes to anyone or any retailer in the state and for them to issue “public corrective statements” about the health consequences of vaping.
“This misguided action unfairly targets legitimate American businesses that employ thousands and contribute to local economies,” said Allison Boughner, vice president of the American Vapor Manufacturers Association, in a statement.
“This lawsuit places undue burden on U.S. companies striving to comply with regulations, risking closures and layoffs at a time when economic stability is paramount.”
