Prominent Flavored Vape Distributors Face Lawsuit in NYC

NEW YORK—Major distributors of flavored vapes across the nation are now facing a lawsuit initiated by the administration of New York City Mayor Eric Adams. This legal action is part of the city’s campaign to address what Adams describes as an “exploding” addiction to vaping among middle and high school students.

The lawsuit, which was filed on April 7 in U.S. District Court, targets nine prominent distributors of flavored vapes, including Puff Bar, MYLÉ Vape, and Evo. The companies listed are not limited to the New York area and primarily have their headquarters in states like California and Florida.

“A significant portion of this youth vaping epidemic stems from each Defendant’s illegal and/or deceptive conduct, which, inter alia, specifically targets underage users and disseminates false information regarding the legality and safety of the e-cigarettes they distribute in large volumes throughout the City,” the lawsuit asserts.

In New York City, selling flavored vapes that do not include tobacco or menthol flavors is illegal.

The complaint highlights that Puff Bar, which entered the vape market in 2019, achieved sales exceeding $3 million weekly by 2020. By 2021, it became the leading brand of flavored e-cigarettes among middle and high school students, gaining popularity with flavors such as “Pink Lemonade,” “Watermelon Slush,” and “Strawberry Donut,” which were appealing to youth and featured bright, eye-catching packaging.

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The lawsuit asserts that vape packaging employs colors, themes, and at times cartoon figures “engineered to attract children.” It further indicates that the defendants have utilized social media influencers and marketing strategies “aimed at enticing underage customers with misleading claims that e-cigarettes are harmless fun rather than dangerous and illicit.”

The companies allegedly collaborate with manufacturers in China. “Most Defendants import their products from manufacturers in China, although Defendant Pod Juice, at the very least, produces illegal products domestically,” the lawsuit notes.

Major manufacturers of vapes are based in China, and the complaint mentions that vape product imports from China peaked at $405 million in January.

‘Operation Padlock to Protect’

During a press conference on April 7, Adams expressed his concerns regarding the rising vape usage among youth. “Nicotine addiction among middle and high school students is surging—largely driven by marketing aimed at children,” he stated.

“[The vape distributors] have accumulated vast sums of money while leading our kids towards addiction, turning them into customers and users,“ he remarked. ”Typically, these users remain for a lifetime. That reflects the long-term consequences of what we are witnessing, and exposes them to unknown long-term health risks.”

Adams emphasized that the youth-targeted packaging and flavors of the vapes have greatly contributed to their appeal among middle and high schoolers.

Last year, Adams launched “Operation Padlock to Protect” to dismantle unlicensed smoke and cannabis shops. As part of this operation, over $94 million worth of prohibited products were seized.

The mayor’s office described the lawsuit as a “new phase” of this operation. It aims to build upon “the city’s ongoing efforts to hold exploitative companies accountable for undermining public health and fueling a youth vaping epidemic in our communities,” stated Muriel Goode-Trufant, the city’s chief legal officer.

All three cases are currently pending.

The lawsuit accused vape manufacturers of creating a public nuisance through the sale of flavored e-cigarettes.