A Manhattan federal judge denied a motion to dismiss a lawsuit brought by New York City against eight vape wholesalers accused of distributing illegal flavored e-cigarettes. Judge Gregory H. Woods determined that the city’s claims were plausible and that the defendants had likely violated federal, state, and local laws regarding the sale of flavored e-cigarettes.
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.