Originally filed in state court, the city alleges the companies—Pod Juice, EVO Brands, Midwest Goods Inc., MYLÉ VAPE Inc., MVH I, Inc., Puff Bar Inc., Safa Goods LLC, and Mi-One Brands—violated local and federal laws by “flooding” the market with flavored vapes, despite a citywide ban on such products. The ruling allows the city’s case to move forward, reinforcing its efforts to crack down on youth-targeted vaping products.

The defendants had argued the lawsuit was preempted by federal law, but the court disagreed, citing the city’s authority to enforce local public health protections.

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