By Forum Staff
Mayor Eric Adams on Monday announced that the City has filed a federal lawsuit against nine of the largest nationwide distributors of disposable e-cigarettes, commonly known as “vapes” — the most popular devices for nicotine use among middle and high school youth.
The defendants — all of whom have close relationships with e-cigarette manufacturers in China — are alleged to be distributing e-cigarettes with such adolescent-attracting flavors as pink lemonade, watermelon, banana ice, lychee ice, and cool mint to sub-distributors in the city that then supply them to retail stores or sell them directly to consumers in the five boroughs and around the country through online sales, violating nearly every applicable federal, New York state, and New York City law governing the sale of e-cigarettes.
Monday’s lawsuit seeks to block these so-called “master distributors” from further sales of these illegal items into the Big Apple, seeks both monetary damages and penalties.
The defendants in the lawsuit are:
- 10 Days, Inc. d/b/a Pod Juice: A California corporation with a principal place of business in Agoura Hills, California.
- EVO Brands, LLC: A Delaware limited liability company with its principal place of business in Los Angeles, California.
- Midwest Goods Inc.: A corporation formed under the laws of the State of Illinois with a principal place of business in Bensenville, Illinois.
- MYLÉ VAPE INC.: A New York corporation with a principal place of business in Ridgefield, New Jersey and Jamaica, New York.
- MVH I, Inc.: A New York corporation with its principal place of business in Ridgefield, New Jersey.
- Puff BAR Inc.: A corporation formed under the laws of the State of California with its principal place of business in Glendale, California.
- PVG2, LLC, d/b/a, “Puff Bar”: A Delaware limited liability company with its principal place of business in Los Angeles, California.
- Safa Goods LLC: A Florida limited liability company with its principal place of business in Port Charlotte, Florida.
- SV3, LLC d/b/a Mi-One Brands: An Arizona limited liability company with its principal place of business in Phoenix, Arizona.
The dangers of e-cigarettes to youth led the U.S. Food and Drug Administration, in January 2020, to ban flavored vape products. 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 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 youth, according to the FDA.
Monday’s lawsuit alleges that the nine defendants violated the Prevent All Cigarette Trafficking Act, a federal law that effectively bars the sale of any e-cigarettes except in face-to-face transactions. Violations of 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, are also alleged, as well as violations of City Administrative Code § 17-715, which makes it illegal to sell, offer for sale, or possess for sale flavored e-cigarettes in New York City. Additionally, the defendants are alleged to have caused a common law public nuisance through the sale of flavored e-cigarettes in a manner injurious to the public right to health and safety. The case is filed as a related matter to a suit initiated by the Office of the New York Attorney General in February 2025.
