New York City Mayor Eric Adams has announced a lawsuit against a Long Island-based e-cigarette distributor, claiming that the company violated state and federal law by marketing nicotine products with child-friendly flavors to Empire State consumers.
“Part of protecting public safety means protecting the health of New Yorkers, including our most vulnerable—our children, who are more susceptible to nicotine addiction, especially when products are flavored to make the taste less harsh,” Adams said in a statement. “Protecting young New Yorkers means stubbing out illegal vape and e-cigarette sales that target them. Today’s lawsuit alleges that Price Point Distributors knew it was braking laws by selling flavored cigarettes to New Yorkers, and even took measures to conceal these illegal sales from federal, state, and local authorities.”
“This lawsuit,” Adams said, “as well as our continued efforts to shut down illegal smoke shops, go hand-in-hand with the work our administration is doing to bring down overall crime in our city.”
In court documents, attorneys for the city emphasized that Price Point had previously received written warnings from the U.S. Food and Drug Administration. The first warning, issued in August 2020, noted that “Price Point was selling products deemed adulterated … and misbranded.”
Despite this warning, between May 2023 and July 2024, investigators successfully made 20 separate purchases of e-cigarettes that do not have FDA marketing authorizations.
All of the e-cigarettes, the lawsuit says, were flavored in violation of state law and sold directly to consumers without any attempt to verify that purchasers were 21 years of age or older.
Many of the items received by investigators also appear to have been intended for distribution in other markets, with labels stating, “Sales Only for Latin America.”
“These illegal sales signify an indifference to New Yorkers’ laws and health, especially the health of teens, who are particularly susceptible to the allure of flavored e-cigarettes,” New York City Department of Health and Mental Hygiene Interim Commissioner Michelle Morse said in a statement. “We are committed to prioritizing young people’s health and safety over unfettered corporate interests. Preventing the sale of flavored vapes helps protect youth from nicotine dependence and other adverse health outcomes.”
The lawsuit seeks an injunction against the defendant, Price Point Distributors Inc., as well as fines and compensatory damages.
New York City has filed similar lawsuits against flavored e-cigarette distributors in the past. In July 2023, the city filed a federal complaint against several large companies. And, in April 2024, Adams’ administration launched another lawsuit against 11 local wholesalers. Both cases remain pending.
Sources
City sues Long Island distributor in crackdown on illegal vape sales
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