New York City Mayor Announces Lawsuit for Illegal Distribution of E-Cigarettes

Eleven wholesalers are named.

April 05, 2024

New York City Mayor Eric Adams and New York City Corporation Counsel Sylvia O. Hinds-Radix announced that the City of New York has filed a lawsuit against 11 wholesalers for the illegal sale of flavored disposable e-cigarettes.

According to a statement from the city, the 11 defendants—located in Brooklyn, Queens, Long Island and upstate New York—are alleged to have distributed, and continue to distribute, youth-friendly-flavored disposable e-cigarettes (such as strawberry colada, mellow mint, blueberry energize and frozen creamsicle) to retail vape and smoke shops, convenience stores and directly to consumers over the internet, in violation of federal, New York state and New York City law.

The lawsuit seeks to block the defendants from further sales of these illegal items and seeks damages and penalties under state and city statutes. The lawsuit is a companion to the city's pending 2023 federal lawsuit. Two defendants in that case are already subject to court orders barring their sales and shipments of flavored e-cigarettes into the city.

"This lawsuit continues the city's enforcement effort against companies that flout the law by selling flavored vapes to retailers and directly to consumers in the city," said Hinds-Radix.

The lawsuit seeks to prohibit the following 11 defendants from further illegal sales that violate New York City's Administrative Code and New York state's Public Health Law. The city also seeks to recover monetary damages and civil penalties from the defendants.

“City investigations reveal that, over the last two years, defendants have sold millions of dollars worth of flavored disposable e-cigarettes to resale stores throughout the city—and directly to consumers in the city through the internet, in violation of multiple federal, state and local laws,” Hinds-Radix said. Read more about the lawsuit in the New York Daily News.

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