Disposable e-cigarettes with names such as Baja Slushie, OMG Blow Pop and Cotton Candy are intentionally and illegally marketed to children and teenagers, New York’s attorney general argued in a lawsuit filed Thursday.
Selling flavored nicotine vapes has been illegal in New York State since 2020, but they are still a near-ubiquitous presence in corner stores and smoke shops in New York City. The products exploded in popularity in the past decade, and scientists and public health experts have sounded alarms about the health risks they pose, especially to young people.
New York’s attorney general, Letitia James, sued nine makers, distributors and sellers of some of the most popular vaping devices, seeking hundreds of millions of dollars in fines for creating a “youth vaping epidemic,” according to a statement from her office.
Ms. James accused the companies of flouting state and federal laws designed to protect children and teenagers.
“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,” Ms. James said in a statement announcing the suit.
The complaint, filed in Manhattan federal court, targets the distributors of popular brands such as Puff Bar, Elf Bar and MYLÉ. According to the complaint, the companies use enticing names, bright colors and candy-like flavors to appeal to adolescents.
An investigation by the attorney general’s office found that the companies try to ensure their products are available near schools and use social media to advertise to young audiences. One ad from 2020 described Puff Bar vapes as a reprieve from “parental texts,” according to the complaint.
Many disposable e-cigarettes contain high levels of nicotine, which can raise blood pressure and increase the likelihood of adolescents becoming addicted. The amount of nicotine in many of the products are significantly higher than the e-cigarettes made by Juul Labs, which entered into a $462 million settlement with New York and other states in 2023, following lawsuits accusing the company of intentionally marketing flavored products to young people.
The vaping industry has defended its products, arguing they are an important alternative that can help cigarette smokers kick the habit. The industry maintains that vapes are safer because they don’t burn tobacco, lessening the threat of inhaling the toxic chemicals generated by cigarettes.
E-cigarettes are by far the most popular kind of nicotine products among young people. In 2024, 7.8 percent of high school students nationwide reported having used e-cigarettes in the prior month, according to a survey.
In New York, usage of e-cigarettes by high school students declined between 2018 and 2022, but overall tobacco intake among such students was still higher than it was in 2014 when the products first became popular, according to the State Department of Health.
The products at issue in the lawsuit have not been authorized by the Food and Drug Administration, according to the complaint, and the precise health consequences of using them regularly remains largely unknown. Some experts have warned that consistent use can lead to lung damage or expose consumers to toxins.
An investigation into the companies found communications showing they were aware of the risks posed by their products, the attorney general’s office said. But the companies marketed them as safe anyway, sometimes advertising them as a “healthier alternative to cigarettes.”
Prosecutors are asking the court to force the companies to return all profits made by selling flavored vapes to children and adolescents in New York. The complaint asks that the companies be compelled to make public statements about the dangers of vaping.
Efforts to curb the use and availability of vapes, particularly among young people, have become widespread in the United States and across the world in recent years.
More recently, the Justice Department and the F.D.A. announced a new coalition to stem the flow of flavored vapes in June. And in October, lawmakers in England introduced a measure that would ban disposable vaping devices entirely.
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