NY Vape Sellers Can’t Escape AG Suit Over Flavored Sales

A federal judge rejected a bid by makers and distributors of flavored vaping products to dismiss a lawsuit filed by the Office of the New York Attorney General alleging they helped fuel a youth vaping epidemic. The ruling means companies behind popular brands like Puff Bar and others must continue defending against claims that they misrepresented the safety and legality of their products and violated state public‑health and consumer protection laws.

New York’s lawsuit targets more than a dozen manufacturers, distributors, and sellers of flavored disposable e‑cigarettes — which have been illegal to sell in New York since 2020 — accusing them of designing, marketing, and distributing candy‑ and fruit‑flavored vapes that appeal to minors, mislead consumers about health risks, and undermine state efforts to curb underage nicotine use.

The judge found that the state’s complaint sufficiently alleges misrepresentation and other unlawful conduct to survive a motion to dismiss, keeping in place claims that could lead to fines, corrective advertising, and injunctions against future sales.