They Were Warned: Massachusetts Cracks Down on Flavored Vape Sales

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  • Massachusetts AG Andrea Campbell secured a preliminary injunction against VICA Trading, Inc. d/b/a VapeSourcing, prohibiting the company from advertising or selling flavored tobacco products within the state, online or in-person.
  • The Preliminary Injunction bars VapeSourcing from offering discount deals on flavored tobacco products to consumers or conducting mail-order or online sales of vape nicotine devices within the state unless the delivery method requires the signature of an individual who meets the legal age requirement for such sales. VapeSourcing must also cancel and refund any pending orders to Massachusetts consumers which have not yet been shipped.
  • AG Campbell filed this lawsuit against VapeSourcing last month alleging violations of state consumer protection laws and tobacco regulations by offering, selling, and advertising flavored tobacco products to consumers in Massachusetts, which were banned in 2019, among other things. According to the AG’s office, cease and desist letters were issued to VapeSourcing and other websites allegedly violating these laws in late 2023, and VapeSourcing was the only company to continue sales in defiance of the letter.
  • Vape companies have faced continuous pushback from AGs across the country over the marketing and sale of flavored tobacco products, including a $22.5 million default judgment and $50 million settlement reached by former Arizona AG Mark Brnovich and former Massachusetts AG Maura Healey, respectively, with Eonsmoke, LLC.
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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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