Popular Distributors of Flavored Vapes Targeted in NYC Lawsuit

The lawsuit alleges that vape packaging uses colors, themes, and sometimes cartoon characters to appeal to children.

A former smoke shop on 2nd Ave. in Harlem, New York City, on April 7, 2025. The shop was across from a school. New York is aiming to curb an epidemic of youth vaping. Oliver Mantyk/The Epoch Times

NEW YORK—Top national distributors of flavored vapes are facing a new lawsuit filed by the administration of New York City Mayor Eric Adams. It continues the city’s efforts to turn around what Adams called “exploding” vape addiction among middle and high schoolers.

The lawsuit filed April 7 in U.S. District Court targets nine major distributors of flavored vapes, including Puff Bar, MYLÉ Vape, and Evo. The companies involved aren’t restricted to the New York market, with most being headquartered in California, Florida, and other states.

“Much of this [youth vaping] epidemic rests at the feet of each Defendant’s illegal and/or fraudulent conduct, which, inter alia, targets underage users and spreads misinformation concerning the legality and safety of the e-cigarettes they distribute throughout the City in massive quantities,” the lawsuit states.

The lawsuit alleges that the defendants violated multiple laws, including the PACT Act, a federal law banning the sale of e-cigarettes except in face-to-face transactions, a New York public health law that makes it illegal to deliver vapes to anyone other than a state-licensed vapor business, and a New York City law that bans the sale of flavored vapes.

Selling flavored vapes in New York City that aren’t tobacco or menthol flavored is illegal.

The complaint notes that Puff Bar, which launched in the vape business in 2019, had sales of over $3 million a week by 2020. By 2021 was the most popular brand of flavored e-cigarettes among middle and high school students. The brand built its popularity on flavors such as “Pink Lemonade,” “Watermelon Slush,” and “Strawberry Donut,” attractive to youth and accompanied by brightly colored packaging.

The lawsuit alleges that vape packaging uses colors, themes, and sometimes cartoon characters “designed to attract children.” It states that the defendants used social media influencers and marketing campaigns “intended to reach underage customers with the false promise that e-cigarettes are harmless fun rather than dangerous and illegal.”

The Epoch Times reached out to the defendants in the lawsuit, but did not receive a response by time of publication.

Ties to China

The defendants all maintain “close relationships with e-cigarette manufacturers in China,” according to a statement from the mayor’s office.

The companies partner with manufacturers in China, the lawsuit alleges. “Most Defendants import their products from manufacturers in China, although Defendant Pod Juice, at least, manufactures illegal products domestically,” the lawsuit states.

Major vape manufacturers are located in China, the complaint notes, adding that the flow of vape products from China reached an all time high of $405 million in January.

‘Operation Padlock to Protect’

Adams spoke at a press conference on April 7 about his concerns over increased vape use among the young. “Nicotine addiction among middle and high school youth is exploding—fueled in large part by the targeting of children,” he said.

“[The vape distributors] have raked in thousands of dollars, while putting our kids on the path to addiction, making them customers and users,“ he said. ”And normally, these users stay for a lifetime. That’s the long-term impact of what we’re seeing here, and it’s exposing them to unknown, long-term health effects.”

Adams said the youth-focused packaging and flavors of vapes have made them popular among middle and high schoolers.

Adams launched “Operation Padlock to Protect” last year to shut down unlicensed smoke and cannabis shops. Over $94 million in banned products were seized as part of the operation.

The mayor’s office called the lawsuit a “new phase” of the operation. It builds on “the city’s ongoing efforts to hold predatory companies accountable for undermining public health and fueling an epidemic of vaping among youth in our communities,” the city’s chief legal officer, Muriel Goode-Trufant, said in the statement.

An analysis by the Food and Drug Administration (FDA) and the Centers for Disease Control published in September 2024 found 3.5 percent of middle school students and 7.8 percent of high school students reported current e-cigarette use.

Other Legal Actions

The new lawsuit follows previous legal actions.

In July 2023, the mayor’s office filed a federal lawsuit against four major distributors of disposable flavored vapes. In April 2024, a lawsuit was filed by the city of New York against 11 local wholesalers of disposable flavored vapes. A November 2024 lawsuit also targeted major Long Island-based distributor Price Point.

All three cases are pending.

A February suit by New York state Attorney General Letitia James targeted 13 major vape manufacturers, including some of the companies named in the April 7 lawsuit by the Adams administration, alleging that the companies market “highly addictive, candy- and fruit-flavored nicotine products to underage consumers, mislead customers about the safety and legality of their products, illegally ship products to New York, and violate health regulations designed to curb youth vaping.”

The lawsuit charged vape manufacturers with causing a public nuisance through the sale of flavored e-cigarettes.

In an April 2 decision, the U.S. Supreme Court court ruled in favor of the FDA’s decision to deny marketing applications for dessert and fruit-flavored e-cigarettes. The FDA had determined that the flavors at issue overly appealed to underage consumers.