Puff Bar Class Action: Vape Company Accused of Targeting Underage Users

Case Overview: A class action lawsuit has been filed against Puff Bar, alleging that the company targets underage users and misleads them about the safety and nicotine content of their vapes.

Consumers Affected: Individuals who purchased and used Puff Bar products.

Court: U.S. District Court for the Southern District of New York

Puff Bar, a popular e-cigarette brand, targets youth who can’t legally buy vapes and misleads  them about the safety and legality of its products, a new lawsuit claims. 

The lawsuit argues that Puff Bar marketed its disposable vapes to young people while downplaying their health risks and addictive potential. The company allegedly falsely advertised its products as "tobacco-free," implying they were safer than traditional cigarettes, when in fact they contained nicotine, a highly addictive substance.

The lawsuit also alleges that Puff Bar misrepresented its nicotine content by labeling products as containing "5%" nicotine, misleading consumers into thinking the levels were lower and less harmful than they actually were. 

Puff Bar Accused of Targeting Underage Users, Misrepresenting Product Safety

Rockland County, New York resident Hayley Amiel, who is under 21, who filed the proposed class action lawsuit, claims that she purchased Puff Bar products almost weekly between 2019 and 2023, believing they were legal and safer than traditional tobacco products. 

Amiel says that she, like many young people, was attracted to the variety of flavors Puff Bar offered and the marketing that implied the vapes were "tobacco-free" and contained a lower nicotine level. According to the lawsuit, Amiel began using the products without understanding how addictive they were and despite attempts to quit, she remains hooked on vaping.

Flavored Vapes Fuel Youth Addiction Crisis, Lawsuit Alleges

Despite age restrictions on the sale of e-cigarettes, millions of teenagers across the U.S. have started using vapes, with flavored products being particularly popular. According to the CDC, more than 7 in 10 middle and high school students have reported exposure to e-cigarette marketing. 

Flavored vapes, such as fruit, candy, and mint, appeal to younger audiences, making them more likely to try vaping. Studies show that most teens who use e-cigarettes start with flavored varieties, leading to concerns that companies like Puff Bar are using these flavors to hook young consumers on nicotine for life.

Puff Bar Evades FDA Regulations, Products Remain Widely Available

Puff Bar has managed to skirt FDA regulations that were put in place to curb youth vaping. When the FDA banned flavored vape cartridges in 2020, Puff Bar avoided the ban by selling disposable e-cigarettes, which were not covered by the policy at the time. The company later found another loophole by switching to synthetic nicotine, which wasn’t initially regulated by the FDA.

Although Congress closed this loophole in 2022, requiring all e-cigarettes to receive FDA approval, Puff Bar products remain widely available both online and in stores. Despite the FDA issuing warnings to retailers, the sale of Puff Bar’s products continues, raising concerns about enforcement.

Lawsuits Target Vape Companies Over Youth Marketing and Health Concerns

Puff Bar is not the first vape company to face legal challenges. Juul, another major e-cigarette brand, reached a $462 million settlement with several states in 2023 after being accused of targeting young consumers and contributing to the youth vaping crisis. The company’s legal battles have cost it nearly $3 billion.

Similarly, in April 2023, New York City filed a lawsuit against 11 wholesalers for selling flavored disposable e-cigarettes, which are particularly popular among teenagers. These lawsuits reflect a growing backlash against companies that market e-cigarettes to youth, highlighting the need for stricter regulation and accountability within the vaping industry.

In her lawsuit, Amiel wants to represent consumers from across the country in her claims of violations of the New York General Business Law and state consumer protection statutes, as well as breach of implied warranty of merchantability. She is seeking damages, injunctive relief, interest, fees, and costs.

Case Details

• Lawsuit: Amiel v. Evo Brands, LLC D/B/A Puff Bar, et al.
• Case Number: 7:24-Cv-07327
• Court: U.S. District Court for the Southern District of New York

Plaintiffs' Attorneys

• Kim E. Richman (Richman Law & Policy)

Have you or someone you know been affected by youth vaping or misleading marketing by e-cigarette companies like Puff Bar? Share your experiences and thoughts in the comments below.