FOR THE WEEK OF MAY 05, 2025

'Vapes harm kids:' New York sues 13 firms selling Cotton Candy, Rainbow Rapper, Fruity Pebbles, other e-cigarette flavors

Thirteen large makers of vape cartridges face a legal challenge from New York's top law enforcer over how they promote the e-cigarettes to teens. "These companies market highly addictive, candy- and fruit-flavored nicotine products to underage consumers," says state Attorney General Letitia James, accusing the firms of "deceptive marketing practices." A lawsuit by her office seeks hundreds of millions of dollars in penalties, damages and restitution for the public health impact. James also wants to recover revenue from what she calls "unlawful activity." Selling flavored nicotine vapes has been illegal in her state since 2020, but they're still common in corner stores and smoke shops. The court action comes as legislators in many states push bills to restrict or ban flavored vapes.

An industry group – the Vapor Technology Association – says flavored vapes reduce cigarette purchases by young people. "This suit is the latest example of why President Trump needs to take bold and decisive action to end the government lawfare against the flavored vaping industry," executive director Tony Abboud adds in a social media statement.

The legal filing targets popular brands such as Puff Bar, Elf Bar, Geek Bar, Breeze and MYLE, which James says "have become extraordinarily popular among minors" drawn to eye-grabbing graphics and flavors such as Blue Razz Slushy, Sour Watermelon Patch, Unicorn Cake, Fruity Bears Freeze, Cotton Candy, Rainbow Rapper, Fruity Pebbles and Strawberry Cereal Donut Milk. "Vaping companies directly target youth with bright, colorful packaging, candy and fruit flavors, social media and influencer campaigns, and unproven claims that their products are safe' alternatives to cigarettes," the attorney general adds. "They know vapes harm kids. Yet, they market to them anyway."

Chinese-made disposable e-cigarettes aren't approved by federal health regulators and often are mislabeled as batteries, cell phones or other products when shipped here, authorities say. Over 1.6 million students in grades 6-12 said they used vapes, according to a 2024 federal survey. At the peak of youth vaping in 2019, over five million youth reported current use of battery-operated vape cartridges. Though the smokeless alternative to tobacco doesn't pose the same risk of cancer, vapes have health dangers. Chemicals in e-cigarette aerosols can damage the lungs and heart, doctors say. Despite the decline in use, Attorney General James refers to a "youth vaping epidemic." Her case doesn't target Juul Labs, a San Francisco youth vaping pioneer that stopped selling flavors like mango and mint in 2019 and is no longer popular with teens.

N.Y. official says: "For too long, vape companies have put profit over our kids. ... They're making nicotine seem cool, getting kids hooked, and creating a massive public health crisis." – Letitia James, attorney general

Industry group says: "The stakes have never been higher. States across the U.S. are working to eliminate flavored vapes. . . . Let's fight back together." – Vapor Technology Association website, urging members to "take action"

Teen use drops: Federal data shows a significant decline in U.S. middle and high school students who reported e-cigarette use in the past month – a decrease from 2.13 million (7.7% of their age group) youths in 2023 to 1.63 million (5.9%) in 2024.

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Common Core State Standard
SL.CCS.1/2/3/4 Grades 6-12: An essay of a current news event is provided for discussion to encourage participation, but also inspire the use of evidence to support logical claims using the main ideas of the article. Students must analyze background information provided about a current event within the news, draw out the main ideas and key details, and review different opinions on the issue. Then, students should present their own claims using facts and analysis for support.