New York Attorney General Letitia James on Thursday announced a lawsuit against 13 major e-cigarette, or “vape,” manufacturers, distributors and retailers for their role in fueling the youth vaping epidemic.
An Office of the Attorney General investigation found that the companies market highly addictive, candy- and fruit-flavored nicotine products to underage consumers, mislead customers about the safety and legality of their products, illegally ship products to New York, and violate health regulations designed to curb youth vaping, according to a press release.
The lawsuit seeks hundreds of millions of dollars, including financial penalties for wide-ranging violations of local, state, and federal laws; damages and restitution for the public health impact of the companies’ illegal actions; the recovery of all revenue made from unlawful activity; and the establishment of an abatement fund to address the youth vaping crisis in New York.
The companies are responsible for illegally distributing, marketing and selling flavored disposable vapes – including popular brands such as Puff Bar, Elf Bar, Geek Bar, Breeze, MYLE, and more – which have become extraordinarily popular among minors, according to James' office.
“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. Today, we are taking critical steps toward holding these companies accountable for the harm they have caused New Yorkers.”
The OAG investigation found that the companies often rely on social media in their marketing and ensure their vapes are abundantly available within walking distance of schools in an effort to reach young consumers. The companies also make use of celebrity or influencer endorsements, sponsor brand activations and social media photo opportunities at popular festivals and events, and promote dangerous vaping trends and challenges to drive engagement online.
One company, Puff Bar, ran a social media advertisement during the early days of the pandemic lockdown that billed their vapes as “the perfect escape from back-to-back zoom calls [and] parental texts.”
For their illegal conduct and role in fueling the youth vaping crisis, James said her office is seeking broad relief from the companies, including a permanent ban on selling flavored vapes in New York, significant financial penalties and restitution for harm caused to New Yorkers, public corrective statements to inform consumers of the dangers of vaping, and the creation of an abatement fund to address and mitigate the effects of the public health crisis these companies helped create.
In addition, James is pursuing total disgorgement of all revenues earned as a result of illegal activity. In total, the attorney general is seeking hundreds of millions of dollars in financial compensation for the havoc these companies’ products and marketing have wreaked on New York’s kids and their health and well-being.
The manufacturers, distributors and retailers named in the lawsuit are Puff Bar, MYLE Vape, Pod Juice, Mi-One Brands, Happy Distro, Demand Vape, EVO Brands, PVG2, Magellan Technology, Midwest Goods, Safa Goods, EVO Brands, and Price Point Distributors, as well as Price Point principals Weis Khwaja, Hamza Jalili, and Mohammad Jalili.
Meanwhile, James co-led a coalition of 23 attorneys general in opposing efforts by the Trump administration and billionaire Elon Musk to defund and disband the Consumer Financial Protection Bureau.
The coalition filed an amicus brief in the U.S. District Court for the District of Maryland on Thursday, arguing that dismantling the agency would severely harm consumers and weaken enforcement of federal consumer protection laws, according to a press release.
This is in response to the Trump administration directing the CFPB earlier this month to halt all ongoing work, including launching new investigations, leaving banks to operate independently, without federal oversight for compliance with consumer protection laws.
Established in 2011, the CFPB is an independent agency that oversees big banks, lenders, credit card companies and mortgage providers to ensure compliance with consumer protection laws. Since its inception, the agency has helped homeowners facing foreclosure, stopped banks from charging excessive fees, and returned more than $20 billion to consumers nationwide.
James said defunding the CFPB would benefit the rich, including Trump's billionaire ally, Musk instead of protecting the working class.
“Eliminating the CFPB will hurt everyday people and benefit billionaires like Elon Musk and his friends,” said James. “The CFPB has put billions of dollars back in the pockets of Americans by going after predatory lenders, deceptive companies and slashing junk fees. The only reason to get rid of this watchdog agency is to protect bad actors. Working families need the CFPB, especially as rising prices make it harder to make ends meet.”
