Fume e-cigarettes target young people with misleading nicotine labels, class action claims

Fume e-cigarettes class action lawsuit overview:

• Who: A consumer filed a class action lawsuit against QR Joy Inc. and QR Joy Fume LLC.
• Why: The plaintiff claims the companies deceptively marketed Fume e-cigarettes by mislabeling their nicotine strength and targeting young people.
• Where: The Fume e-cigarettes class action lawsuit was filed in Florida federal court.

A new class action lawsuit accuses QR Joy Inc. and QR Joy Fume LLC of deceptively marketing Fume e-cigarettes by misleadingly labeling their nicotine strength and targeting young people.

Plaintiff Hayley Amiel claims QR Joy intentionally misled consumers about the nicotine strength of its Fume e-cigarette by using ambiguous “5%” nicotine labels that caused consumers to underestimate the nicotine potency of the products.

This resulted in consumers believing that using the Fume e-cigarettes would be “unlikely to result in addiction,” the Fume class action alleges.

Amiel argues QR Joy also deliberately targeted its marketing toward young people, a group particularly vulnerable to targeted advertising, despite it being illegal for individuals under the age of 21 to purchase e-cigarettes.

“Despite this legal restriction, young consumers can easily purchase the product online due to QR Joy’s failure to implement meaningful age verification measures,” the Fume e-cigarettes class action says.

QR Joy marketed Fume e-cigarettes without FDA authorization, class action claims

Amiel claims QR Joy also marketed and sold Fume e-cigarettes in the United States despite the products not being authorized for sale by the U.S. Food and Drug Administration (FDA).

“This practice misleads consumers into believing that flavored Fume e-cigarettes are legally available in the U.S.,” the Fume class action claims.

Amiel argues QR Joy is guilty of unjust enrichment and breach of implied warranty of merchantability and violated consumer protection law. She demands a jury trial and requests declaratory and injunctive relief and an award of compensatory, statutory and punitive damages for herself and all class members.

In related claims, a judge has allowed a class action that alleges Philip Morris and Swedish Match markets Zyn nicotine pouches to young people using appealing flavors and deceptively promoting them as a safe alternative to smoking and vaping, even though they have higher concentrations of nicotine.

Have you ever purchased Fume e-cigarettes? Let us know in the comments.

Amiel is represented by Eric S. Medina of Medina Law Firm LLC, Kim E. Richman of Richman Law & Policy and Christopher Leung of Leung Law PLLC.

The Fume e-cigarettes class action lawsuit is Hayley Amiel v. QR Joy Inc., et al., Case No. 0:25-cv-60710, in the U.S. District Court for the Southern District of Florida.

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