Vaping Retailer Accused of Marketing Products to Minors in Class Action

E-cigarette retailer Vapes.com is being accused of selling flavored nicotine products to minors under 21, violating city laws that prohibit it, officials allege in a first-of-its-kind lawsuit filed by the city of Chicago.

The retailer, owned by Equte LLC, allegedly markets its flavored vaping products to Chicago’s residents, despite a recent law that was passed in September which makes it illegal to do so, according to a complaint filed Friday. 

In 2017, Chicago’s city council passed a law raising the legal age to buy tobacco products to 21 and restricting the sales of flavored tobacco. Illinois followed suit after the governor signed it into statewide law in 2019, WTTW reports.

In September 2020, a law was passed banning the sale of flavored vaping products, which were criticized as being targeted to children.

“With flavors like candy and chocolate, these products are designed to entice youth, and we as a City have a responsibility to do everything we can to prevent that from happening,” Chicago Mayor Lori Lightfoot said, according to ABC 7 Chicago.

Chicago’s Department of Business Affairs and Consumer Protection conducted an investigation into how Vapes.com was selling its products and found much of it was geared towards minors, according to the complaint. 

The lawsuit refers to social media posts made by Vapes.com that are allegedly marketing towards a younger demographic, with giveaway contests that feature video game consoles as prizes and children’s toys like fidget spinners. 

Vapes.com even has an “underage” section on its Instagram page, the complaint alleges. 

In a sting operation conducted by Chicago’s consumer protection department, Vapes.com was found to never verify ages and allowed an order to be shipped to a Chicago address, violating city laws, the lawsuit alleges.

The lawsuit describes a growing number of public health issues surrounding vaping and blames it in part on practices that target children.

Illinois’ Department of Public Health has called vaping “an emerging public health issue,” according to the complaint, referring to Food and Drug Administration statements on vaping ten years ago.

At the time, Former Secretary of Health and Human Services Alex Azar said he had never seen a substance rise in use as quickly as e-cigarettes. 

In 2011, just under 2 percent of high school students reported ever trying vaping, according to the lawsuit. By 2018, that number rose to 20 percent. A year later, an estimated 28 percent reported hitting an e-cigarette in the last 30 days. According to data released in September 2020, there was more than a 25% decrease in e-cigarette use among U.S. high school students in 2020. 

Chicago officials filing the lawsuit also say vaping use has decreased recently and claim the lowered use is due, in part, to the increased restrictions adopted by local authorities. 

 “The epidemic of youth vaping … has resulted in part from irresponsible practices of manufacturers, importers and retailers who have targeted kids in their marketing of these products,” the complaint states.

In the past Chicago officials have filed a number of lawsuits against vaping companies for selling to underage residents, but this is the first suit seeking to uphold the recently passed ban of flavored vaping products.

What do you think of Chicago’s lawsuit against Vapes.com? Do you agree with the city’s tobacco restrictions? Let us know what you think in the comments below. 

Counsel representing the plaintiff in this lawsuit is Celia Meza, Stephen J. Kane, Rebecca Hirsch, Elie Zenner, Rachel Granetz of Chicago’s Affirmative Litigation Division.     

The Chicago Vapes.com Lawsuit is City of Chicago v. Equte LLC and Vapes.com, Case. No.  1:21-cv-00518 in the U.S. District Court for the Northern District of Illinois, Eastern Division. 

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