States Intensify Crackdown on Vape Products: What Businesses Need to Know

Attorney generals across the United States are taking aggressive steps against unauthorized and flavored e-cigarettes. Understanding these actions is critical for protecting your business. We’re here to help ensure that your business thrives in this rapidly changing regulatory landscape. Click the button below to schedule your intake meeting with our office.

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The enforcement landscape for vape products is shifting rapidly. While the U.S. Food and Drug Administration (FDA) continues to oversee the federal premarket tobacco product application (PMTA) process, states kicked off 2025 aggressively, with several others following suit thereafter. State attorney generals are increasingly stepping in with lawsuits, subpoenas, and warning letters. State-level enforcement is becoming an important part of the regulatory picture for the industry.

In California, the Attorney General filed a lawsuit against two companies in January 2025 that imported, distributed, and sold Flum brand e-cigarettes, alleging violations of the state’s flavored tobacco ban, operating without proper licenses, and making false statements in license applications. The products in question include high-nicotine devices with animated screens and fruit flavors. The case is currently pending before the Superior Court of Los Angeles County.

In Connecticut in January 2025, the Attorney General issued investigative subpoenas to twelve retailers and two wholesalers for selling illegal imported flavored e-cigarettes. The aim of the investigation was to identify suppliers and distributors of unlawful products.

More than eight hundred tobacco retailers and distributors in Hawaii received letters from the Attorney General in January 2025 advising them not to sell tobacco products that have not been authorized for sale by FDA.

The Illinois Attorney General, in January 2025, filed a lawsuit against three Illinois businesses that market and sell Posh brand e-cigarettes. The complaint alleged that that defendants imported flavored e-cigarettes from China and sell in Illinois. No Posh e-cigarettes have been granted market authorization by the FDA, and at least one defendant received an order denying authorization to market these products.

Minnesota’s Attorney General filed a lawsuit in January 2025 against High Light Vape Company, a Florida business, two of its managers, and an affiliated entity.  The complaint quotes the company’s marketing that it makes an e-cigarette that “cleverly disguises itself as a highlighter, ensuring seamless and covert vaping in any setting” and that it markets it for “stealth vaping” in places where vaping is prohibited and also comes in fruit. Minnesota alleges that High Light does not do adequate age verification, and engages in deceptive marketing and trade practices, and consumer fraud. In April 2025, the case resulted in a consent judgment that restricted the company’s sales in Minnesota and imposed monetary penalties.

In New Jersey, nearly eleven thousand businesses received warning letters in January 2025 reminding them of the state’s ban on flavored e-cigarettes. This followed earlier enforcement in August 2024, when the Attorney General issued notices of violation to nineteen retailers, assessing civil penalties of $4,500 each, for selling flavored e-cigarettes that are unlawful for sale in New Jersey.

In January 2025 in New York, the Attorney General filed suit against two companies operating a vape shop in New York and their owners, for selling flavored e-cigarettes in violation of the state laws prohibiting the sale of flavored e-cigarettes, sales to minors, and operating without the required state licenses. A month later, in February 2025, the General filed a lawsuit against thirteen e-cigarette manufacturers, distributors and retailers, including those marketing and selling Puff Bar, Elf Bar, Geek Bar, Breeze, MYLE, and other brands in New York.  The complaint alleged that these businesses violated New York’s ban on the sale of flavored vapor products, violated the age verification, labeling, weight and reporting requirements of the PACT Act, violated the state’s tobacco licensing laws, failed to disclose ingredients in violation of state law, among other allegations.

In April 2024, the Ohio’s Attorney General sent letters to retailers warning them not to sell e-cigarettes that do not have marketing authorization from FDA and threatening legal action if they continued to do so. Afterwards, lawsuits against at least three Ohio retailers had been filed by the Attorney General.  The complaint alleges that the retailer Central Tobacco sold e-cigarette brands with misleading statements on the packs stating, “Sale Only Allowed in the United States,” even though they did not have marketing authorization orders from FDA and therefore are illegal under federal law.

These cases demonstrate how states are targeting businesses through several avenues, namely selling flavored products in violation of state law, distributing products without FDA marketing authorization, operating without required state licenses or failing to pay state taxes, and using marketing that is deceptive or appealing to youth.

For businesses, the message is clear. It is not enough to focus only on federal compliance. Companies must stay alert to state enforcement priorities, confirm their licensing obligations, and ensure their marketing practices can withstand scrutiny.

We assist vape and tobacco companies in navigating these complex and evolving regulations, including preparing for PMTA submissions and responding to state enforcement actions. If you have questions about how these developments may affect your business, we can help you assess your risks and plan accordingly.

Have questions? Give our office a call today at (917) 546-6997 or schedule an intake meeting, we would be happy to speak with you. We’re here to help ensure that your business thrives in this rapidly changing regulatory landscape.

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