A legal dispute has arisen surrounding the increasing addiction of teenagers. Jonathan Stempel, a writer for Reuters in New York, reports that the state of New York has taken legal action against several prominent e-cigarette manufacturers, distributors, and retailers. The lawsuit alleges that these entities have contributed to a surge in youth vaping by marketing products in flashy packaging and introducing enticing flavors such as Baja Slushie, Strawberry Cereal Donut Milk, and OMG Blow Pop.
Letitia James, the attorney general of New York, has initiated legal proceedings seeking substantial financial penalties and compensation totaling hundreds of millions of dollars from 16 corporate and individual defendants. The lawsuit accuses these defendants of gross negligence and creating a public nuisance by selling fruit- and candy-flavored vaping products to vulnerable and easily influenced children.
Despite being aware of the health risks associated with their products and the existence of a state law implemented in 2020 that prohibits the sale of flavored vaping items and mandates purchasers to be at least 21 years old, the defendants allegedly continued their unlawful practices. The attorney general also asserts that these sales violate federal law.
In a statement, Letitia James condemned the actions of the vaping industry, likening their tactics to those employed by Big Tobacco in glamorizing nicotine, attracting youngsters, and contributing to a significant public health crisis.
The defendants named in the lawsuit include Demand Vape, a distributor based in Buffalo, New York, known for the popular Elf Bar e-cigarette, a favorite among middle and high school students as per the National Youth Tobacco Survey from the previous year. Another defendant is Puff Bar, a company headquartered in Glendale, California, whose e-cigarette product dominated the 2022 survey.
The legal complaint filed in Manhattan federal court alleges that collectively, these defendants have trivialized flavored e-cigarettes as a leisurely pursuit. Demand Vape and Puff Bar have not yet responded to requests for comment on the matter.
Many e-cigarette companies target adult consumers by positioning their products as an alternative to traditional cigarettes. E-cigarettes have been the primary tobacco product used by American children since 2014.
According to the 2024 youth tobacco survey, 5.9% of middle and high school students, amounting to 1.63 million children, reported current use of e-cigarettes, with nearly 90% opting for flavored varieties. In a separate legal development, the U.S. Supreme Court recently deliberated on the FDA’s decision to prevent two e-cigarette companies from marketing flavored vape products bearing names such as Jimmy The Juice Man Peachy Strawberry and Suicide Bunny Mother’s Milk and Cookies.
In January 2024, a federal appeals court concluded that the FDA’s denial had been arbitrary and capricious, diverging from earlier decisions by seven other federal appeals courts that favored the agency in similar cases.
With uncertainty looming over the FDA’s regulatory stance, Letitia James, a member of the Democratic Party, appears to be taking preemptive action amid concerns that oversight measures
