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Attorney General Letitia James has filed a lawsuit against 13 companies including brands such as Puff Bar, Elf Bar, Geek Bar, and Breeze, her office said in a news release on Thursday, Feb. 20. The lawsuit claims the companies marketed highly addictive, flavored disposable e-cigarettes to kids, misled consumers about product safety, and violated federal and state regulations.
According to the Office of the Attorney General, the vape makers promoted their products with colorful packaging and social media campaigns targeting teens. The companies also helped develop fruit and candy-based flavors attractive to younger people like "Blue Razz Slushy," "Sour Watermelon Patch," "Unicorn Cake," and "Fruity Bears Freeze."
Despite New York's 2020 ban on flavored vapor products, James said the companies continued selling them while misleading customers about their legality.
"The vaping industry is taking a page from Big Tobacco's playbook — making nicotine look cool, hooking kids, and creating a public health crisis," James said. "We won't allow these companies to profit by endangering young people's health."
Some ads falsely positioned vaping as a safe alternative to traditional tobacco smoking. Other companies named in the suit include MYLE Vape, Pod Juice, Mi-One Brands, Happy Distro, Demand Vape, EVO Brands, PVG2, Magellan Technology, Midwest Goods, Safa Goods, and Price Point Distributors.
The suit seeks hundreds of millions of dollars in penalties, damages, and the return of illegal profits. It also calls for a permanent ban on flavored vapes in NY and the creation of an abatement fund to prevent kids and teens from vaping.
Investigators said they uncovered widespread illegal activity, with companies shipping products to New Yorkers in violation of federal laws. The makers also ignored Food and Drug Administration warnings and failed to verify customers' ages.
The companies were also suspected of advancing conspiracy theories that downplay vaping's risks, suggesting state governments targeted the industry to boost tobacco sales.
"These predatory companies purposefully preyed on our classmates and peers, irreparably damaging our lives," said Erin Kennedy, an East Hampton High School graduate and co-founder of the anti-youth vaping group Breathe In Change. "Therapeutic tools are the only useful actions to try to help the second wave of youth nicotine addiction. Money received from lawsuits with vaping companies must be funneled to therapeutic treatments to try and undo the harm, even death, created by these exploitative companies."
State health department data shows tobacco use among high school students surged from around 20 percent in 2014 to 30 percent in 2018. After NY's flavored vape ban, the rate did fall back down to around 20 percent in 2022.
According to the American Lung Association, some vape ingredients cause irreversible lung damage, nicotine addiction, and long-term brain development issues in kids and young adults.
"Vaping continues to be a public health issue for teens and young adults and has been exacerbated by irresponsible marketing strategies," said Dr. Susan Gasparino of the University of Rochester Medical Center. "I applaud and sincerely thank Attorney General Letitia James for, once again, taking action to hold these companies accountable. Her efforts, paired with the counseling and educational services like those we provide at our center's clinic, are what it takes to see change and advocate for the health of our young people."
The suit is New York's latest legal action against the vaping industry. In a 2023 settlement with Juul, James secured $462 million for six states and Washington, DC, with the Empire State receiving $112.7 million.
A report from the Centers for Disease Control and Prevention said about 7.8 percent of high school students reported using vapes in 2024.
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