New York City sues E-cigarette distributors

Eleven businesses in New York are defendants in a lawsuit filed by the offices of New York City’s Mayor, Eric Adams and the New York City Corporation Counsel, Sylivia Hinds-Radix.

The defendants are operating business in Brooklyn, Queens, Long Island and Upstate New York.

The lawsuit against these wholesalers’ states that their businesses have made illegal sales of flavored disposable e-cigarettes, the most popular vaping devices to middle and high school students. It alleges that the distribution is highly youth-friendly-flavored, such as strawberry colada, mellow mint, blueberry energize, and frozen creamsicle. The operation goes on with retail vape and smoke shops, convenience stores and directly to the consumers over the internet, which is in violation of federal, New York state and New York city law.

This lawsuit seeks to block the defendants from further sales of these illegal items and seeks damages and penalties under state and city laws. The lawsuit is also a companion to the city’s pending 2023 federal lawsuit in which two defendants in the case are already subject to court order barring their sales and shipments of flavored e-cigarettes into New York City.

According to Mayor Admas, “…part of protecting public safety means protecting the health of New Yorkers, including our most vulnerable — our children — and this administration is committed to enforcing the law when it comes to illegal vape sales.” In addition, the mayor notes that, “…this lawsuit will help hold eleven wholesalers accountable for their part in the illegal sale of flavored disposable e-cigarettes at a time when nicotine addiction among middle and high school youth is exploding. We will not stand-by and allow this greedy, harmful, and openly illegal behavior to continue,” Mayor Adams declared.

New York City’s Corporation Counsel, Sylvia Hinds-Radix in addressing the issue stated that the lawsuit continues the city’s enforcement efforts against companies that flout the law by selling flavored vapes to retailers and directly to consumers. “The City of New York will use every tool it can against businesses that are fueling the epidemic of e-cigarette use among young people and undermining public health,” the City’s Corporation Counsel stated.

The lawsuit also seeks to prohibit these eleven defendants from any further illegal sales that violate New York City’s Administrative Code and New York State’s Public Health Law. In addition, the city will seek to recover monetary damages and civil penalties from the defendants.

Brooklyn’s State Assemblymember for the 42 District, Rodneyse Bichotte-Hermelyn, said she applauds Mayor Adams and Corporation Counsel, Sylvia Hinds-Radix for taking actions to combat this urgent threat to public health. “Everyday that we do nothing, another child loses their parents to flavored tobacco products and another child becomes addicted themselves. Tobacco usage among middle schoolers is on the rise, and data directly ties it to cigarettes, with ice cream and candy flavors targeting our youth.” The State Assemblywoman further commits her support to the lawsuit. “I am committed to working with the Adams Administration to shut down the proliferation of illegal smoke shops and have introduced legislation in New York State Assembly (A3907) to ban the sale of menthols and other flavored tobacco products state-wide, while imposing fines on anyone selling these deadly products,” Bichotte-Hermelyn stated.

The lawsuit filed in the New York State Supreme Court build on commitments made in Mayor Eric Adams’ State of the City address in January 2024, where he announced to continue working with Albany to grant local authorities the power to inspect and shut down illegal smoke shops, while supporting the equitable growth of the legal cannabis market.