New York City has filed a lawsuit against four distributors of flavored disposable e-cigarettes. The defendants are Magellan Technology Inc., Demand Vape, Mahant Krupa 56 LLC d/b/a Empire Vape Distributors and Star Vape.
Magellan owns the trademark for the brand Hyde.
These companies have violated “nearly every federal, New York State and New York City law applicable to the marketing, distribution and sale of flavored e-cigarettes, the sales of which are prohibited under laws enacted by all three jurisdictions,” according to the suit.
One of the primary concerns of those against the sale of flavored vape products is that many of the flavors will appeal to youth, which is why the Food and Drug Administration (FDA) banned flavored vape products in January 2020.
“These defendants continue to supply retail outlets throughout the city with nicotine-laced disposable e-cigarettes in exotic fruit, candy and dessert-like flavors that are clearly designed to appeal to young people in violation of multiple federal, state and local laws. The aim of this lawsuit is to put a stop to this illegal conduct and protect our youth against these highly addictive and dangerous products,” said New York City Corporation Counsel Sylvia Hinds-Radix.
The lawsuit also indicated that the distribution of these products violates the federal Prevent All Cigarette Trafficking Act, which prohibits remote sales of disposable e-cigarettes unless the sales comply with state and local laws, which sales of these products do not.
New York City Mayor Eric Adams, who announced the suit along with Corporation Counsel Hinds-Radix, formed the the Joint Interagency Task Force last December. The task force has since allowed the seizure of an estimated $6.4 million dollars of flavored vape products.
In June, FDA issued 189 warning letters to retailers selling Elf Bar and Esco Bars e-cigarettes. In May the agency dealt warning letters to 30 retailers selling various types of Puff and Hyde brand disposable e-cigarettes.