Lawsuit alleges vape companies targeted youth with flavored products.
New York is suing several vape companies, accusing them of marketing their products to young people despite known health risks. Attorney General Letitia James argues that these companies have ignored laws and continued selling flavored vapes, which studies suggest appeal to younger users. The lawsuit targets 13 companies, including Puff Bar, Evo Brands, and Demand Vape, alleging they illegally distributed flavored vapes in the state. The attorney general seeks financial penalties potentially reaching hundreds of millions of dollars, along with funding for programs to address youth vaping.
James compares the vaping industry’s strategies to those of major tobacco companies in the past, claiming they prioritize profits over public health. She states these businesses have knowingly circumvented regulations meant to protect young people.
None of the accused companies immediately responded to the lawsuit. Tony Abboud of the Vapor Technology Association dismissed the claim of a youth vaping crisis, noting that underage use has dropped since the federal purchase age increased to 21 in 2019. He views the lawsuit as another effort to unfairly target the vaping industry.
Flavored e-cigarettes have long been a point of controversy, with legal battles reaching the Supreme Court. Supporters argue they are a safer alternative to traditional cigarettes, while opponents warn of nicotine addiction risks, especially for young users. Many worry that youth who start vaping will transition to smoking traditional cigarettes.
According to the Centers for Disease Control and Prevention, e-cigarettes remain the most commonly used tobacco product among middle and high school students in the U.S. In 2024, approximately 1.6 million students—about 6% of the student population—reported vaping, with nearly 90% preferring flavored products. However, youth vaping rates have declined almost 70% since their peak in 2019, due in part to increased regulations.
Federal and state agencies have cracked down on illegal vape sales, penalizing manufacturers and retailers for selling unauthorized products. Many states, including New York, have restricted flavored vape sales, but online markets continue to present challenges.
The lawsuit accuses the companies of violating New York’s ban on flavored vapes and engaging in deceptive marketing. It highlights their use of colorful packaging, sweet-sounding flavors, and social media ads aimed at young consumers. One example cited is a Puff Bar ad from the early COVID-19 lockdowns, which framed vaping as an escape from stress and parental oversight.
The lawsuit also alleges that these companies used illegal shipping methods to get flavored vapes into New York, often delivering products to residential addresses. Many retailers selling these products are located near schools, with some within 1.5 miles of middle and high schools.
By engaging in these practices, the lawsuit argues, the companies have violated state laws and the federal Prevent All Cigarette Trafficking Act, which regulates tobacco sales and distribution. Advocates for stricter regulations have welcomed the lawsuit as a necessary step in holding vape companies accountable.
Similar legal action has been taken in the past. In 2023, Juul agreed to a $255 million settlement in a class-action lawsuit claiming it misled consumers about nicotine risks. The Supreme Court is also considering a case that could impact how the Food and Drug Administration regulates flavored e-cigarettes.
New York’s lawsuit is among the strongest efforts yet to challenge companies accused of targeting young users. The case’s outcome could influence vaping policies across the country and shape future industry regulations.
Sources:
New York accuses popular vape brands of fueling public health crisis
Attorney General James Sues Nation’s Largest Vape Distributors for Fueling the Youth Vaping Epidemic
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