Attorney General Targets Distributors of Elf Bar and Puff Bar
New York Attorney General Letitia James filed a lawsuit on Thursday against some of the country’s largest electronic cigarette distributors, accusing them of violating state laws that prohibit the sale of flavored vaping products designed to appeal to children. The lawsuit marks a shift in legal strategy by targeting distributors rather than manufacturers. It names several major companies, including Demand Vape of New York, Evo Brands of California, Safa Goods of Florida, and Midwest Goods of Illinois. These distributors supply flavored vapes such as Elf Bar and Puff Bar to convenience stores and gas stations across New York.
James emphasized that these companies have ignored the state’s laws in pursuit of profits and vowed to take action to protect young people from the dangers of vaping.
Lawsuit Seeks Millions in Damages and a Permanent Sales Ban
The nearly 200-page complaint outlines what James’ office calls widespread evidence of illegal conduct, including documents that detail unlawful shipments of flavored vapes to New York retailers. The lawsuit includes images of brightly colored e-cigarettes designed to resemble candy and soda cans, with flavors such as Fruity Bears Freeze, Cotton Candy, and Strawberry Cereal Donut Milk.
New York banned the sale of flavored vapes, except for tobacco flavor, in 2020 in an effort to curb youth vaping. The lawsuit seeks hundreds of millions of dollars in damages from the distributors and a permanent ban on their sale of flavored vapes in the state.
Distributors Accused of Fueling Youth Vaping Epidemic
The companies named in the lawsuit are responsible for importing and distributing disposable, Chinese-made vapes, which have become the preferred e-cigarettes among high school and middle school students. These products are not approved by U.S. regulators but continue to enter the market, often mislabeled as batteries or cell phones to evade customs inspections.
One of the defendants, Demand Vape, has been directly involved in developing and marketing these flavored products. According to the lawsuit, the company’s co-founder regularly travels to China to oversee flavor development. In 2022, Demand Vape disclosed in court filings that it had sold over $132 million worth of Elf Bar e-cigarettes in a single year. The Shenzhen-based company behind Elf Bar produces flavors such as Strawberry Mango and Lemon Mint, which remain widely available despite state and federal restrictions.
Past Legal Battles and Declining Teen Vaping Rates
The lawsuit follows similar legal action taken against Juul Labs, the company that was widely blamed for starting the teen vaping crisis. Juul has paid more than $1 billion to settle lawsuits over its early marketing practices, which included launch parties and product giveaways that targeted young users. The company stopped selling flavors like mango and mint in 2019 and has since lost its dominance in the teen vaping market.
Despite the rise of disposable e-cigarettes such as Elf Bar, teen vaping rates have declined. According to federal data, the percentage of U.S. teens who vape has fallen to a ten-year low, with fewer than six percent of high school and middle school students currently using e-cigarettes. Public health officials attribute the decline to increased enforcement efforts, including hundreds of warning letters sent to retailers selling unauthorized vaping products.
What Comes Next?
Calls and messages to the vape distributors named in the lawsuit were not immediately returned. If the lawsuit is successful, it could set a significant precedent for holding distributors accountable for the illegal sale of flavored vaping products, rather than just manufacturers.
As New York escalates its crackdown on youth vaping, this lawsuit represents a new phase in the battle over e-cigarette regulation. By targeting the supply chain, the state aims to cut off access to flavored vapes that continue to attract young users.
