The New York State Attorney General has filed charges against several popular e-cigarette manufacturers. They are accused of violating the state's ban on flavoured nicotine products and marketing their products to minors. The industry is fighting back, calling the move "irresponsible and misguided".
Although the sale of nicotine products with flavours other than artificial tobacco flavouring has been banned in New York since 2020, State Attorney General Letitia James believes companies continue to lure young consumers with festive flavours. According to USA Today, e-liquids have names like "Rainbow Cotton Candy" and "Grape Bubblegum" that only children would be attracted to.
Forbidden flavours entice young people
Among the defendant companies 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 e-cigarettes," the state prosecutor wrote 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 regulations designed to limit youth use," the statement continues.
The industry fights back
James also accuses the companies of using "cartoonish" packaging and gimmicks like LED touch screens and Bluetooth connections to attract young consumers. The lawsuit refers to an advert from the pandemic period where e-cigarettes were described as "the perfect escape from Zoom meetings and annoying parents".
However, e-cigarette and harm reduction advocates in New York believe the case could hit small businesses hard and make it harder for smokers to find less harmful alternatives. Allison Boughner, vice president of the American Vapor Manufacturer, called the prosecutor's actions "irresponsible and misguided" in an official statement.
"This case hits American small businesses hard, ignores the health benefits of e-cigarettes and threatens jobs in an already difficult economic time," writes Boughner.
Will secure funding for anti-tobacco funds
The state attorney general's lawsuit aims to fine the companies hundreds of millions of dollars and confiscate profits from illegal sales in the state. Letitia James also wants to create a fund to finance initiatives against youth e-cigarette use. This would also provide revenue for anti-tobacco campaigns, similar to the current agreements with the tobacco industry to compensate for declining cigarette sales.
"The e-cigarette industry is using Big Tobacco's old tricks: they're making nicotine cool, trapping young people in, and creating a huge public health crisis," James argues in USA Today.
