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New York has taken legal action against major distributors of electronic cigarettes, alleging violations of state laws prohibiting the sale of vaping flavors and designs that appeal to children. Attorney General Letitia James announced a lawsuit targeting distributors of fruit- and candy-flavored e-cigarettes like Puff Bar and Elf Bar across the state.
This lawsuit marks a shift from previous litigations that focused on vaping manufacturers, such as Juul Labs. Juul, a company widely associated with the teen vaping trend, has faced numerous lawsuits and investigations, leading to settlements exceeding $1 billion. In response, Juul ceased selling flavors like mango and mint in 2019 and has seen a decline in popularity among teens.
However, disposable e-cigarettes like Elf Bar, manufactured in China, have gained popularity among high school and middle school students. These products, not approved by federal health regulators, are often mislabeled and continue to enter the U.S. market.
The state's legal complaint highlights evidence of illegal conduct, including the shipment of flavored vapes to New York. The lawsuit seeks significant damages from the companies and aims to permanently ban the sale of flavored vapes in the state.
In a recent court hearing, a company revealed selling over $132 million worth of Elf Bar e-cigarettes in a year. The manufacturer of Elf Bar, based in Shenzhen, China, offers flavors like 'strawberry mango' and 'lemon mint.'
Despite the availability of disposable e-cigarettes, the vaping rate among U.S. teens has dropped to under 6%, a 10-year low. This decline is attributed to enhanced enforcement efforts, including warning letters to retailers selling unauthorized vaping products.