Attorney General Bonta Vows to Continue Cracking Down on Illicit Flavored Disposable E-Cigarette Products As Part of Bipartisan National Collaboration with Ally States

Attorney General also announces lawsuit against defendants for illegally importing FLUM products from China and distributing them in California

OAKLAND — California Attorney General Rob Bonta today, together with nine attorneys general, announced coordinated multistate actions to hold companies accountable for unlawfully manufacturing, distributing, selling, and marketing flavored disposable e-cigarette products. These multistate efforts address the continued distribution and sale of harmful and addictive tobacco products to youth by enforcing each state’s tobacco and consumer protection laws. Attorney General Bonta also announced his lawsuit against Flumgio Technology Inc., Berkeley Int'l Business Crew, and their founder, Mr. Zaoyu Zhu (FLUM Defendants) for importing and selling the popular FLUM brand e-cigarettes, which are illegal under California's retail flavor ban and lack Food and Drug Administration (FDA) authorization. 

“As a father and the People’s Attorney, I won’t stand idly by as companies, not just in California, but across the country, continue to sell illicit flavored disposable e-cigarette products that target our youth,” said Attorney General Bonta. “It takes a collective effort to crack down on these tobacco companies and their illegal business tactics. That’s why I stand united with my fellow attorneys general in our commitment to use our state laws to hold companies accountable for their unlawful practices that lure our kids into harmful addiction for their own profit.” 

Flavored disposable e-cigarette products are largely manufactured and imported illegally into the United States from China. The companies who manufacture and distribute these products have declined to participate in the FDA’s mandated marketing order process, and these products are considered adulterated and unlawful for sale. However, despite the fact that new e-cigarettes require FDA authorization, the U.S. market has been flooded with flavored disposable e-cigarettes, and the number of unique disposable products has gone up 1500% since 2020. 

These products are designed to appeal to and marketed to youth.  Despite containing dangerously high amounts of nicotine, disposable e-cigarettes come in a myriad of kid-friendly flavors, playful shapes, and bright colors, and some even include video games that encourage young consumers to earn virtual coins by vaping. To date, these products are the most widely used tobacco product among youth, jeopardizing their health and well-being. 

Despite the federal government's efforts to control the proliferation of these products, they remain widely available and represent an ongoing threat to youth. The states are committed to protecting their youth from these dangerous products and predatory marketing practices. Using their available legal tools and support, today, California, along with Connecticut, Illinois, Hawaii, Minnesota, New York, New Jersey, Vermont, Ohio, and Washington D.C., are enforcing their respective tobacco and consumer protection laws to go after the companies responsible for importing, distributing, selling, and marketing flavored disposable e-cigarettes.  

• Connecticut Attorney General William Tong today served civil investigative demands on numerous retailers found selling highly-potent, illegally imported disposable e-cigarette products, seeking comprehensive information regarding the sale of these products, and the wholesalers and distributed supplying them.
• Illinois Attorney General Kwame Raoul is filing a lawsuit against the entities responsible for the distribution of one of Illinois’ bestselling disposable vape brands, Posh. Posh products come in countless fruit and candy flavors that are marketed on social media platforms popular with youth. However, Posh products are not currently authorized for sale by the FDA. Raoul alleges violations of Illinois’ Youth Preventing Vaping Act, which Raoul’s office helped pass to prohibit the marketing of e-cigarettes to youth. Attorney General Raoul is also opened an investigation into Midwest Goods, one of Illinois’ largest e-cigarette distributors. Raoul’s investigation is related to the company’s distribution, sales and marketing of vaping products.
• New Jersey Attorney General Matthew J. Platkin issued warning letters to the nearly 11,000 retailers licensed to sell tobacco and vapor products in the state reminding them that offering or selling vapor products characterized with a flavor, taste, or aroma other than tobacco – including mint, menthol, and wintergreen – is a violation of New Jersey’s Consumer Fraud Act and punishable by up to $10,000 for the first violation and $20,000 for each subsequent violation. The letters follow Attorney General Platkin’s recent enforcement actions assessing civil monetary penalties of $4,500 each against 19 retailers for alleged CFA violations in the offer or sale of flavored vapor products.
• New York Attorney General Letitia James is filing a lawsuit against a vaping retailer. 

Attorney General Bonta also announced his lawsuit against the FLUM Defendants, filed in Los Angeles County Superior Court. The lawsuit alleges the FLUM Defendants, among other things, are importing top-selling FLUM brand e-cigarettes from China into California. In selling and marketing these products, the FLUM Defendants target youth, unfairly aid and abet retailers in violating California’s ban on the retail sale of flavored tobacco products and mispresent the flavor of their popular “Clear” e-cigarettes. In the lawsuit, the Attorney General alleges that the companies' conduct violates California’s False Advertising Law and Unfair Competition Law and seeks injunctive relief to prevent the companies from continuing to make false statements and unfairly import, distribute, and sell FLUM products.

Attorney General Bonta remains committed to combating the illegal marketing and sale of tobacco and tobacco products. Just this year, Attorney General Bonta sponsored legislation, now law, to help ensure the successful implementation of the state flavored tobacco ban with new enforcement provisions and the establishment of a list of unflavored tobacco products that may be legally sold in California. Last December, the Attorney General filed a lawsuit against two California online retailers of e-cigarettes, Ejuicesteals and E-juice Vapor, Inc., alleging that they engaged in unlawful remote sales of tobacco products and failed to properly verify the age of California consumers. Also last year, Attorney General Bonta secured a $462 million multistate settlement agreement with electronic cigarette maker, JUUL Labs, Inc. (JUUL). Of the $462 million settlement amount, California will receive a total of $175.8 million, the highest amount of any state settlement yet reached with JUUL. These funds are helping California fund research, education, and enforcement efforts related to e-cigarettes. Under the terms of the settlement, JUUL is prohibited from targeting youth in its advertising and promotion.

A copy of the FLUM complaint can be found here.