New York Attorney General Letitia James sued 13 e-cigarette companies for hundreds of millions in damages over its alleged targeting of minors.
The lawsuit alleged that the companies, which include vaping giants such as Puff Bar, Elf Bar, Geek Bar, Breeze, MYLE, and others, engaged in targeted, deceptive advertising and other illegal activity.
“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,” James said. “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 landmark 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,” a press release from the New York Attorney General’s office read.
An Office of the Attorney General investigation found evidence that the companies used flashy advertising aimed at children to cultivate a consumer base of minors. It alleged that advertised flavors such as “Blue Razz Slushy,” “Sour Watermelon Patch,” “Unicorn Cake,” “Fruity Bears Freeze,” “Cotton Candy,” “Rainbow Rapper,” “Sour Fruity Worms,” “Fruity Pebbles,” and “Strawberry Cereal Donut Milk” were all intended to entice children specifically.
One advertisement displayed by the OAG from Puff Bar promoted their vapes as a “perfect escape” from “parental texts.”
The sales allegedly occurred after 2020, when New York banned the sale of flavored vaping products. James’s office alleged that the defendant companies illegally shipped their products to New York and misled consumers about their legality.
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One defendant was alleged to have promoted conspiracy theories that vaping was suppressed as part of a government conspiracy with big tobacco.
The introduction of e-cigarettes saw a major spike in teenage nicotine usage beginning in 2014. It has steadily declined since its peak in 2018, largely due to public health revelations and government initiatives to curb its spread.