The state of New York has filed lawsuits against several major e-cigarette manufacturers, distributors, and retailers, accusing them of exacerbating a youth vaping epidemic through the sale of products featuring cartoonish packaging and enticing flavors such as Baja Slushie, Strawberry Cereal Donut Milk, and OMG Blow Pop. New York Attorney General Letitia James is seeking hundreds of millions of dollars in civil fines and damages from 16 corporate and individual defendants for gross negligence and creating a public nuisance by marketing fruit- and candy-flavored vapor products to vulnerable children.
James emphasized that the defendants continued these practices despite being aware of the associated health risks and in violation of a 2020 state law that prohibits the sale of flavored vapor products and mandates a minimum purchase age of 21. She also cited the sales as illegal under federal law. “The vaping industry is employing tactics reminiscent of Big Tobacco: they are glamorizing nicotine, addicting children, and precipitating a significant public health crisis,” James stated.
Among the defendants is Demand Vape, a Buffalo, New York-based distributor of Elf Bar, which was identified as the most popular e-cigarette among middle and high school students in last year’s National Youth Tobacco Survey. Another defendant is Puff Bar, a company based in Glendale, California, whose e-cigarette topped the survey in 2022. According to the complaint filed in Manhattan federal court, the defendants collectively “have convinced the public that flavored e-cigarettes are a casual and fun activity.” Neither Demand Vape nor Puff Bar has yet responded to requests for comment.
While many vaping companies market e-cigarettes as an alternative to traditional cigarettes for adults, the devices have become the most commonly used tobacco product among U.S. children since 2014. The 2024 youth tobacco survey revealed that 5.9% of middle and high school students, equivalent to 1.63 million children, reported current e-cigarette use, with nearly nine in 10 users opting for flavored products.
In December, the U.S. Supreme Court heard arguments regarding whether the Food and Drug Administration (FDA) lawfully blocked two e-cigarette companies from selling flavored vape products with names such as Jimmy The Juice Man Peachy Strawberry and Suicide Bunny Mother’s Milk and Cookies. In January 2024, a federal appeals court ruled that the FDA’s denial was arbitrary and capricious, although seven other federal appeals courts have supported the agency in similar cases.
Regardless of the legal outcome, James, a Democrat, may be attempting to address potential gaps in oversight if the FDA reduces its regulatory efforts. This move comes after Republican President Donald Trump, who supported a ban on flavored vaping products during his first term, vowed during his 2024 campaign to “save vaping.”
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