AG HEALEY SUES DISPOSABLE E-CIGARETTE
COMPANY “PUFF BAR” FOR ILLEGALLY SELLING FLAVORED PRODUCTS IN MASSACHUSETTS
Office Seeks Court Order to Prevent
Illegal Sales and Delivery to Massachusetts
In a complaint
filed
in Suffolk Superior Court on Wednesday, AG Healey alleges that Puff Bar and
Cool Clouds Distribution, Inc. (together “Puff Bar”) violated state laws and
regulations by selling flavored tobacco products to Massachusetts consumers and
failing to protect against delivery of these products to minors.
“This
company’s practices – selling flavored products and delivering products to
minors – are plainly illegal under Massachusetts law,” said AG Healey. “These
products are dangerous, addictive and particularly appealing to young people,
which is why Massachusetts moved quickly to regulate them. Companies that
blatantly violate these laws will face legal action from my office.”
The
AG’s Office is also seeking a preliminary injunction in court to prevent the
illegal sale of these products while litigation is ongoing. A hearing on the
AG’s motion for a preliminary injunction will be scheduled in Suffolk Superior
Court at a later date.
The
AG’s investigation of Puff Bar revealed the company has continued to advertise
and sell flavored tobacco products, specifically disposable e-cigarettes, to
consumers in Massachusetts, in violation of state law. On November 27,
2019,
Massachusetts became the first state in the country to ban the sale of flavored
tobacco products, including e-cigarettes and e-liquids. The law went fully into
effect on June 1, 2020, also banning all menthol flavored tobacco products.
AG Healey
testified in support of the legislation to ban flavored tobacco products.
Flavored vaping products are popular among
young people and they are a reason why many of them start and continue using
nicotine vaping products. As the federal government moves to restrict the sale
of some flavored e-cigarette products, disposable e-cigarettes like those sold
by Puff Bar are growing in popularity with young people. Puff Bar’s disposable
e-cigarettes are especially attractive to youth because they cost less than
other e-cigarettes and they are available in more than 20 flavors, including
“O.M.G.,” described on its website as “a triple medley of Orange, Guava, and
Mango,” and “Blue Razz” described as “candy…making vaping feel like a blue and
red raspberry.” The
AG’s investigation revealed that Puff Bar continues to sell flavors into
Massachusetts that appeal to young people, such as “Menthol (Spearmint)” and
“Watermelon.”
The AG’s Office
also alleges that Puff Bar does not use a method of mailing, shipping, or
delivery of these tobacco products that requires the signature of a person who
is of the minimum legal age before the package is released. State regulations instituted by AG
Healey in 2015
require sellers to ensure shipments of these products are received by a person
21 years or older.
The AG’s Office
alleges that Puff Bar violated An Act Modernizing Tobacco Regulations,
the Massachusetts Consumer Protection Act, and the AG’s e-cigarette
regulations. AG Healey’s complaint seeks injunctive relief preventing Puff Bar
from continuing to engage in these illegal practices and also seeks civil
penalties.
In January, the
Food and Drug Administration (FDA) released guidance describing how the agency
will prioritize e-cigarette enforcement resources, including that it will focus
on cartridge-based e-cigarettes. The FDA’s focus on cartridge-based products
creates a loophole for self-contained, disposable products—like those sold by
Puff Bar—that are popular among young people. In Massachusetts, An Act
Modernizing Tobacco Regulations prohibits all flavored products from being
sold in the state – both in cartridge-based and disposable forms – but this
loophole allows these disposable products to more easily make their way into
the hands of young people in the state and across the nation. In February, AG
Healey joined a
bipartisan coalition
of attorneys general urging the FDA to expand and strengthen its enforcement
guidance to include menthol flavors and products that are not cartridge based.
Preliminary
data from the 2019 Massachusetts Youth Health Survey from the spring of 2019,
show that the percentage of high school students in Massachusetts who have used
vape products is at an all-time high, at over 50 percent, with over 30 percent
reporting that they had used vape products in the past month. Young people are
exposed to e-cigarette marketing on social media at growing rates and are often
unaware that these vaping products contain nicotine, a
substance that can interfere with adolescent brain development, and
other ingredients that are harmful to their health. The
full range of health impacts of e-cigarettes is still unknown, and the public
health system is struggling to develop and implement effective cessation
methods to meet the needs of young people and their families.
In the midst of the COVID-19 pandemic, AG Healey and
Massachusetts General Hospital (MGH) issued a warning to
the public about the potential increased dangers and risks associated with
smoking and vaping for young people and adults.
AG
Healey was the first Attorney General to announce an
investigation
into JUUL Labs Inc., and in February, sued the company for creating a
youth vaping epidemic by intentionally marketing and selling its e-cigarettes
to young people. The AG’s Office also sued eight other
online e-cigarette companies for selling flavored products in
Massachusetts and obtained court orders to halt those sales and deliveries
while the cases are pending. The Office sued Eonsmoke LLC for marketing and
selling products to young people with flavors like “gummy bear” and “cotton
candy.” The AG’s Office also sent cease and desist
demands to
Direct Eliquid LLC and Kilo E-Liquids, ordering the retailers
to stop selling electronic cigarettes in Massachusetts without an adequate age
verification system. As a result of the lawsuit and
cease and desist letters, these companies are no longer selling to
Massachusetts residents. The AG’s Office continues to investigate e-cigarette
companies that it suspects are violating state law.
The Puff Bar
matter is being handled by Assistant Attorneys General Samantha Shusterman and
Division Chief Max Weinstein of the AG’s Consumer Protection Division, and
Investigator Ciara Tran of the Civil Investigations Division.
