Two groups of e-cigarette distributors are urging a New York state court to dismiss claims from New York City alleging they’re violating city laws by selling flavored e-cigarettes. The defendants say the law in question only applies to retail sales, not distributor-to-distributor sales.
In April, the City of New York filed a lawsuit against 11 wholesalers for their part in the illegal sale of flavored disposable e-cigarettes, according to media reports.
The 11 defendants – located in Brooklyn, Queens, Long Island, and upstate New York – are alleged to have distributed, and continue to distribute, flavored disposable e-cigarettes – such as Strawberry Colada, Mellow Mint, Blueberry Energize, and Frozen Creamsicle – to retail vape and smoke shops, convenience stores, and directly to consumers over the internet, in violation of federal, New York state, and New York City law.
The lawsuit seeks to block the defendants from further selling the items and seeks damages and penalties under state and city statutes. It is a companion to the city’s pending 2023 federal lawsuit, in which two defendants are already subject to court orders barring their sales and shipments of flavored e-cigarettes into the city.