Mayor Adams Announces Lawsuit Against Major Online Distributor for Illegally Selling Disposable Flavored E-Cigarettes

November 7, 2024

Video available at: https://www.youtube.com/watch?v=I43cI8rxyDw

Lawsuit Accuses Long Island Company of Selling Illegal E-Cigarettes in New York City and Across the Nation

New York – New York City Mayor Eric Adams and New York City Acting Corporation Counsel Muriel Goode-Trufant today announced that the City of New York has filed a federal lawsuit today against a major distributor of disposable flavored e-cigarettes, popularly known as "vapes" – the most popular devices for nicotine use among middle and high school youth. The defendant – Price Point Distributors, Inc., based in Farmingdale, Long Island – is accused of distributing e-cigarettes with flavors such as snow cone, strawberry shortcake, and Hawaii Punch to retail stores and directly to consumers in New York City and around the country through online sales, violating nearly every applicable federal, New York state, and New York City law governing the sale of such products.

Today's lawsuit seeks to block Price Point Distributors, Inc., from further sales of these illegal items, seeks both monetary damages and fines, and marks the latest effort by the Adams administration to curb illegal sales of flavored e-cigarettes, which are appealing and addictive, especially to teens.

"Part of protecting public safety means protecting the health of New Yorkers, including our most vulnerable – our children, who are more susceptible to nicotine addiction, especially when products are flavored to make the taste less harsh," said Mayor Adams. "Protecting young New Yorkers means stubbing out illegal vape and e-cigarette sales that target them. Today's lawsuit alleges that Price Point Distributors knew it was breaking laws by selling flavored cigarettes to New Yorkers, and even took measures to conceal these illegal sales from federal, state, and local authorities. This lawsuit, as well as our continued efforts to shut down illegal smoke shops, go hand-in-hand with the work our administration is doing to bring down overall crime in our city."

"It is illegal to sell flavored e-cigarettes in New York City," said City Hall Chief Counsel Allison Stoddart. "With this lawsuit, the Adams administration is continuing to hold companies accountable when they put profits over the health of New Yorkers."

"As alleged in the city's complaint, defendants are abusing our laws and undermining public health," said New York City Acting Corporation Counsel Muriel Goode-Trufant. "By selling disposable vapes with kid-friendly flavors – such as cotton candy, raspberry watermelon, and cherry cola – defendants are putting profit before the wellbeing of young people. Flouting the law and fueling an epidemic of nicotine addiction among middle and high school students will not be tolerated by the City of New York."

"Protecting the health of our young people, and of all New Yorkers, is among our highest priorities," said Deputy Mayor for Health and Human Services Anne Williams-Isom. "Today's action helps us do that by cracking down on illegal distributors of vaping products – products we know often make their way into the hands of our young people. Whether through regulatory, legal, or other action, we will continue to fight every day for the health and wellbeing of every person that calls New York City home."

"These illegal sales signify an indifference to New Yorkers' laws and health, especially the health of teens, who are particularly susceptible to the allure of flavored e-cigarettes," said New York City Department of Health and Mental Hygiene Interim Commissioner Michelle Morse. "We are committed to prioritizing young people's health and safety over unfettered corporate interests. Preventing the sale of flavored vapes helps protect youth from nicotine dependence and other adverse health outcomes."

"Vaping is incredibly dangerous and can lead to a lifetime of nicotine addiction," said New York City Public Schools Chancellor Melissa Aviles-Ramos. "At New York City Public Schools, we are committed to combating this trend head-on through targeted interventions, initiatives like CATCH My Breath NYC, and a dedicated cohort of Substance Abuse Prevention and Intervention Specialists. I want to thank Mayor Adams for taking action on this critical issue, and I look forward to continuing to partner with our parents and school communities to keep our kids safe, healthy, and free from the dangers of vaping."

"The Sheriff's Office is proud to stand with Mayor Adams in the continuous effort to remove these dangerous products from the hands of our youth," said New York City Sheriff Anthony Miranda. "The dangers that these flavored vape products pose for our youth are serious. The flavors, colors, and common icons are targeting our youth and create an addictive habit that may cause lasting health concerns. Our officers have been removing these illegal products from the shelves since they were first banned in New York City, and we cannot allow manufacturers to continue bringing them back into our communities."

"Flavored e-cigarettes are not only illegal in New York City, they pose a great danger to our children's health and wellbeing," said New York City Department of Consumer and Worker Protection (DCWP) Commissioner Vilda Vera Mayuga. "DCWP works hard to prevent these devices from being sold at retailers around the city, and we're grateful to our partners at the Law Department and Mayor Adams for going after the source of these dangerous products."

In July of 2023, the administration announced that the City of New York had filed a federal lawsuit against several distributors of illegal flavored vapes, including the nation's largest vape distributor. In April 2024, the administration announced a second lawsuit against 11 local wholesalers, which has now been transferred to federal court. Both actions target distributors for their part in the illegal sale of flavored disposable e-cigarettes, the most popular vaping devices among middle school and high school youth. Both cases are proceeding.

In addition to taking legal action, the Adams administration has been laser focused on enforcement against illegal operators who threaten communities and children. After Mayor Adams successfully advocated for and won legal authority to seal illegal cannabis shops, the administration launched "Operation Padlock to Protect," which, since launching in May 2024, has already sealed over 1,200 shops and taken over $84 million in illegal products off city streets. Additionally, just last month, Mayor Adams shipped 1,200 pounds of illegal vape products out of New York City to be destroyed in an eco-friendly facility.

Most e-cigarettes provide nicotine levels far exceeding that of conventional cigarettes. Further, federal health authorities, such as the U.S. Surgeon General and the U.S. Food and Drug Administration (FDA), say fruit, cola, and dessert-flavored e-cigarettes tempt kids to vape high levels of nicotine. Cartoon character packaging on e-cigarettes and devices that look like toys or include mini-games target youth and have contributed to the epidemic of nicotine addiction among young students.

As cited in today's lawsuit, the FDA and the Centers for Disease Control and Prevention released data from the 2022 National Youth Tobacco Survey (NYTS) showing that about one in 10 U.S. middle and high school students – or more than 2.5 million youth – had used e-cigarettes in a 30-day sample period. Specifically, 14.1 percent (2.14 million) of high school students and 3.3 percent (380,000) of middle school students reported current e-cigarette use. The 2023 NYTS showed e-cigarettes remained the most commonly used tobacco product among both high school and middle school students for the 10th year in a row. Flavored e-cigarettes continue to be the most popular products according to the survey.

The dangers of e-cigarettes to youth led the FDA, in 2009, to ban flavored vape products. Today's lawsuit alleges that Price Point Distributors, Inc., violated the Prevent all Cigarettes Trafficking Act, a federal law that bars the sale of any e-cigarettes except in face-to-face transactions with some exceptions. Price Point Distributors, Inc., is also accused of violating New York Public Health Law § 1399-ll (1-a), which makes it illegal for anyone to deliver e-cigarettes to anyone other than a state-licensed vapor business, as well as New York City Administrative Code § 17-715, which makes it illegal to sell, offer for sale, or possess for sale flavored e-cigarettes to New York City residents. Additionally, the company is accused of violating New York City's public nuisance laws because its alleged sale and offering to sell flavored e-cigarettes injures the health and safety of people within New York City and interferes with the public right to health and safety.

"This lawsuit is a critical step in stopping the illegal sales of flavored e-cigarettes that are irresponsibly marketed to children," said New York State Senator Nathalia Fernandez. "These products pose serious health risks and undermine our efforts to protect young people. We must continue to raise awareness in our homes, neighborhoods, and schools about the harms of these substances and hold accountable companies that put profit over public health."

"Flavored e-cigarettes are one of the many dangers threatening our children, and I am partnering with Mayor Adams to end this scourge," said New York State Assemblymember Jenifer Rajkumar. "In Albany, I passed the SMOKEOUT Act to close the smoke shops selling illegal vaping products, and today we are launching a lawsuit to stop the online distributor. Shops market flavored e-cigarettes to children, offering child-friendly flavors imitating sweets. The e-cigarettes contain nicotine, setting our children on a path to a lifetime of addiction. Many are flavored using diacetyl, which causes irreversible lung damage. We cannot allow this to continue. Together, we are ridding our city of illegal vaping products and the stores peddling them."

"After decades of exhaustive work to curb the tobacco industry's impact on black and brown communities across our city, it is disheartening to see a distributor resorting to illegal methods to see disposable flavored e-cigarettes also known as 'vapes' get into the hands of our most vulnerable," said Bronx Borough President Vanessa L. Gibson. "Not just in stores, Price Point Distributors is getting their product directly into the hands of middle and high school youth through their growing online business, and in doing so, exposing a new generation to the adverse – even deadly effects of nicotine and cancer-causing carcinogens. I want to thank Mayor Adams, and New York City Acting Corporation Counsel Muriel Goode-Trufant for taking legal action against Price Point Distributors to help stem the long-term health complications and illnesses sure to come as a direct result of tobacco use."

"By targeting young people with appealing flavors and advertising, vape companies are putting our children at risk," said Manhattan Borough President Mark Levine. "I was proud to pass the first law banning flavored vapes, but we need to crack down on the illegal sales worming their way into our city's stores and New Yorkers' lungs."