New York attorney seeks hundreds of millions of dollars in 'vaping epidemic' case

The top law officer in the US state of New York said Thursday she would seek hundreds of millions of dollars in penalties from 13 top e-cigarette makers, distributors and sellers for "fueling the youth vaping epidemic."

Attorney General Letitia James said a lawsuit had been launched against firms she accused of "illegally distributing, marketing, and selling flavored disposable vapes."

Her office said she was seeking "hundreds of millions of dollars" in financial compensation for what was described as "the havoc these companies' products and marketing have wreaked on New York's kids."

E-cigarettes have exploded in popularity around the world over the last decade. They do not contain tobacco but instead a liquid normally filled with nicotine that is inhaled as vapor.

Because there is no tar, carbon monoxide or other toxic elements linked to smoking, the health risks of vaping are considered to be lower.

But the World Health Organization and anti-smoking groups have refused to assert that vaping is less harmful than smoking, saying more evidence is needed.

James's office said there had been breaches of New York state and US federal laws and the penalties would include "damages and restitution for the public health impact of the companies' illegal actions."

The state was also seeking "the recovery of all revenue made from unlawful activity; and the establishment of an abatement fund to address the youth vaping crisis in New York."

A New York state investigation had found companies were marketing "highly addictive, candy- and fruit-flavored nicotine products to underage consumers," and that they were misleading consumers about the safety of their products.

"The vaping industry is taking a page out of Big Tobacco's playbook: they're making nicotine seem cool, getting kids hooked, and creating a massive public health crisis in the process," said  James.

Product names and flavors such as "Blue Razz Slushy", "Rainbow Rapper" and "Strawberry Cereal Donut Milk" were deliberately developed "to entice kids," the statement said.

It said companies were also directly targeting youth with social media and influencer campaigns, and with claims that their products were "safe" alternatives to cigarettes.

In 2020, New York banned the sale of flavored vape products, restricted the distribution of nicotine products, and raised the legal purchase age for all vapes to 21.

The state banned discounts on vapes, and began requiring certain companies to disclose  dangerous ingredients in vapes.

"The vape companies named in this lawsuit have repeatedly and knowingly violated these laws," the statement said.

AFP