There have since been FDA regulations on what vape products should be sold in the US. The FDA released a list of “authorized” vape brands permitted to continue selling their products legally in the US. These approved brands are those that meet the regulatory demands of the FDA, and as such, are permitted to sell some particular product lines in the US.
However, many vape products that were not on the FDA-approved list have continued to sell across the US. More so, the vape manufacturers have consistently run campaigns that target the US making with ad copies and creatives that seem to be attractive to minors, and this is believed to have been the leading cause of underage vaping—a critical cause the FDA and US government are trying to zero out.
In very recent news, the New York Attorney General, Letitia James, has triggered a big concern, filing a lawsuit against 13 leading vape companies—including popular names like Puff Bar, Elf Bar, Geek Bar, Breeze, and MYLE. The lawsuit alleges that these companies have been illegally selling flavored vapes while deliberately targeting minors.
With a demand for hundreds of millions of dollars in penalties—to be funneled into smoking cessation programs and public health initiatives—this legal move isn’t just about New York. It could very well set the stage for stricter, nationwide regulations that may hit every vaper’s favorite vape brand where it hurts.
What’s Behind the Lawsuit?
The lawsuit is based on some serious, multifaceted allegations that many vape companies are intentionally targeting minors with their product design, ad creatives, and other stealth approaches—these companies are accused of using bright, enticing packaging and candy- or fruit-flavored products to lure in underage users.
Also, the lawsuit touches on the aspect that social media campaigns featuring influencers and celebrities are stealthy strategies to make vaping seem trendy and harmless—all these, despite FDA regulations.
It’s even worse because these companies are not on the FDA-approved list of vape brands permitted to sell their products in the US. This implies that these companies allegedly continue to sell unauthorized products and employ illegal shipping practices without proper age verification.
Now here’s the kicker—all these crackdowns on vaping and its produce, are they really all about protecting kids, or is there a deeper play at work? More like the government trying to restore the Big Tobacco companies, who obviously have lost a chunk of their market share to vape manufacturing brands?
Quoting the Attorney General, “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 Attorney General James Letitia. “For too long, these companies have disregarded our laws in order to profit off of our young people, but we will not risk the health and safety of our kids. Today, we are taking critical steps toward holding these companies accountable for the harm they have caused New Yorkers.”
Why Should Vapers Be Worried?
New York already banned flavored vapes back in 2020, yet many brands found ways to skirt the rules. If this lawsuit succeeds, expect even tougher restrictions that could limit access to purchasing vape flavors, and this means New York vapers will be forced to choose from the pre-approved vape brands on the FDA list.
But then again, if this lawsuit goes through and the affected vape companies probably get expelled from NYC, history tells us that when legal options dry up, a black market inevitably rises. This could imply that New York vapers – and even vape store owners – drift toward OTC markets, which would worsen things the more, as those channels cannot be regulated, thus, the chances of even faker vape products getting into the city would be high.
What Are Big Tobaccos Doing?
Apparently, with independent vape brands facing legal heat, major tobacco companies are poised to fill the void. This could lead to an industry where Big Tobacco not only controls the market but also the narrative, potentially sidelining innovative and independent products. If so, then the whole war against vaping wasn’t for public health, but some high-level political game to restore Big Tobaccos to their previous feats.
Is This Really About Public Health?
The government’s argument centers on protecting minors from nicotine addiction. Yet, when you look closer, it doesn’t seem like it. First, traditional cigarettes, which have been proven more harmful than nicotine vapes, are still widely available and legally sold everywhere, and even so, some minors do get them, but the fire always gets channeled to vapes.
Secondly, taxes on nicotine vapes and flavored e-juices have skyrocketed in the past years. Are these increased costs genuinely about promoting public health, or is it a way to keep vapers paying more? Looking deeper too, to date, the FDA has only approved 34 vape products, all under the umbrella of Big Tobacco, and has declined the submissions of all popular independent vape brands. Is this simply a coincidence, or does it signal a deeper agenda? These are the real questions.
But What Can Vapers Do?
Well, not much, they are not the government or vape manufacturer; vapers can only keep their hands crossed and follow up with the latest regulations and turn out of events. If this lawsuit ensues, it could have ripple effects far beyond New York, affecting many vapers’ favorite vape products and flavors.
On a brighter note, organizations like the American Vapor Manufacturers (AVM) are on the front lines defending consumer rights. Vapers might as well do what they can to support such organizations. Flavored vapes are a choice—and adults should really get a full right to enjoy them legally, especially considering that they are a less harmful alternative to traditional smoking.
Final Thoughts
The government officials keep saying they are proposing all these vaping laws for the betterment of the society and protection of younger adults (under 21 years old), but while at it, many questionable inconsequence need to be addressed. Vaping is proven to be less harmful than traditional cigarettes, so why then are traditional cigarettes not facing any backlash?
