The New York State Attorney General has filed a lawsuit against several popular e-cigarette manufacturers. They are accused of violating the state's ban on flavoured nicotine products and of marketing their products to minors. The industry counters that the move is "irresponsible and misguided".
Despite the fact that the sale of nicotine products flavoured with something other than artificial tobacco flavouring has been banned in New York since 2020, Attorney General Letitia James believes that companies continue to lure young consumers with festive flavours. According to USA Today magazine, e-juice names like "Rainbow Cotton Candy" and "Grape Bubblegum" are only children would be enticed to buy.
Among the companies sued are Puff Bar, PVG2, EVO Brands, Demand Vape, Magellan Technology and several other distributors and manufacturers.
"These companies are responsible for illegally distributing, marketing and selling flavoured, disposable vejps," the Attorney General's Office said in a statement.
"Our investigation shows that they target minors with addictive nicotine products in candy and fruit flavours, mislead consumers about their safety and legality, and violate health rules intended to limit youth use," they continue.
The industry fights back
James also accuses the companies of using "cartoonish" packaging and gimmicks such as LED touchscreens and Bluetooth connections to attract young consumers. The lawsuit references a pandemic-era advert that described e-cigarettes as "the perfect escape from Zoom meetings and nagging parents".
Advocates for vejpning and harm reduction in New York, meanwhile, say the lawsuit risks hitting small businesses hard and making it harder for smokers to find less harmful alternatives. Allison Boughner, Vice President of the American Vapor Manufacturer, called the Attorney General's action "irresponsible and misguided" in a separate public statement.
"This lawsuit hits American small businesses hard, ignores the public health benefits of vejp, and threatens jobs in an already difficult economic time," Boughner writes.
Raising money for anti-tobacco funds
The Attorney General's lawsuit seeks to impose hundreds of millions of dollars in fines and recover profits made from illegal sales in the state. Letitia James also wants to set up a fund to pay for efforts to combat youth use of e-cigarettes. This would guarantee revenue for the anti-tobacco movement in the same way as it currently does for declining cigarette sales, through agreements with tobacco companies.
"The roadside industry is using Big Tobacco's old tricks: they're making nicotine cool, trapping young people, and creating a huge public health crisis," James argues in USA Today.
