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Public Health: US regulator sues 13 vaping companies for deceptive marketing targeting children

Youth Vaping Crisis in the US Photo: Shutterstock

*New York Attorney-General Letitia James files a lawsuit against 13 vaping companies, alleging their sales and marketing techniques, including the use of bright, colorful packaging, influencer promotions, and social media campaigns, were designed to attract young consumers, fuelling an epidemic of vaping among teens in the American country

Isola Moses | ñ

New York Attorney-General Letitia James, in the United States (US), has filed a lawsuit against 13 major e-cigarette manufacturers, distributors and retailers, accusing them of fuelling the youth vaping epidemic through illegal marketing and sales tactics.

ñ learnt the lawsuit, filed Friday, February 21, 2025, seeks hundreds of millions of Dollars in damages and penalties from companies allegedly responsible for promoting and selling flavoured disposable vapes to minors.

Among the companies named in the lawsuit are popular brands such as Puff Bar, Elf Bar, Geek Bar, Breeze and MYLE.

According to New York State Department of Health, e-cigarettes are by “far the most used tobacco product by youth in New York State. Among high school students in the state, nearly one in five (18.7 percent) reported vaping nicotine e-cigarette use compared to a record low of about one in 50 (2.1 percent) who reported smoking cigarettes in 2022.”

The lawsuit also alleged the affected companies have illegally distributed and marketed highly addictive nicotine products, often using candy and fruit flavors such as “Blue Razz Slushy”, “Sour Watermelon Patch” and “Unicorn Cake” to appeal to underage consumers, agency report said.

How marketing targets youth, by Attorney-General James

The Office of the Attorney General (OAG) investigation found that the defendants employed aggressive and deceptive marketing strategies, reminiscent of those once used by Big Tobacco.

These strategies included the use of bright, colorful packaging, influencer promotions, and social media campaigns designed to attract young users.

Some companies even placed their products in stores near schools and promoted vaping trends online, the Attorney-General stated: “The vaping industry is taking a page out of Big Tobacco’s playbook: they’re making nicotine seem cool, getting kids hooked, and creating a massive public health crisis in the process.

“For too long, these companies have disregarded our laws in order to profit off of our young people.”

Purported violations of Federal, state laws on illegal products

The lawsuit outlines how these vape companies supposedly violated multiple state and Federal laws, including the New York State ban on flavoured vape products enacted 2020. Besides, none of the companies named in the lawsuit have received U.S. Food and Drug Administration (FDA) authorisation for their flavoured vapes, making their sale illegal under Federal law, James said.

The lawsuit also alleges violations of the Prevent All Cigarette Trafficking (PACT) Act, which prohibits online sales of vaping products to consumers and unlicensed retailers.

The companies have allegedly ignored age verification requirements, shipping restrictions, and federal warning letters from the FDA.

Negative impact youth vaping on public health

Report indicated that the rise in youth vaping has reversed years of progress in reducing nicotine addiction among adolescents in the US.

According to the New York State Department of Health, e-cigarette use among high school students has surged in the past decade, with flavoured vapes being the most commonly used nicotine products among youth.

Health experts warn that nicotine addiction can cause long-term cognitive impairments, respiratory issues and an increased risk of future substance addiction.

Jame’s lawsuit seeks not only financial penalties, but also the recovery of profits made from illegal sales and the establishment of an abatement fund to combat youth vaping in New York, according to report.

The New York OAG further said: “This legal action is a crucial step in holding these companies accountable and protecting our children from the dangers of vaping.

“We will continue to fight against any business that puts profit over public health.”

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