QR Joy Inc., the Florida-based manufacturer of the e-cigarette brand Fume, is facing a federal class-action lawsuit alleging deceptive labeling practices and marketing strategies aimed at underage consumers.
The lawsuit was filed on April 11 in the U.S. District Court for the Southern District of Florida by Hayley Amiel, a consumer from New York. Amiel accuses the company of misrepresenting the nicotine content of its products and engaging in marketing tactics that appeal to minors, in violation of federal and state laws.
According to the complaint, Fume’s packaging claims to contain “5% nicotine,” but fails to adequately disclose that it uses nicotine salts — a formulation known for its rapid absorption. The lawsuit argues that nicotine salts at this concentration may pose risks similar to or greater than those of traditional cigarettes, potentially misleading consumers seeking less harmful alternatives.
The plaintiff contends that Fume’s labeling may obscure the potency of its products, particularly for users attempting to reduce nicotine consumption or quit smoking entirely.
Beyond labeling concerns, the lawsuit alleges that QR Joy Inc. has engaged in marketing practices designed to attract younger audiences. The filing points to Fume’s social media campaigns, alleging they often feature youthful imagery and influencer endorsements popular with teenagers and young adults. The tactics, the complaint asserts, violate federal regulations that prohibit the sale and marketing of e-cigarette products to individuals under the age of 21.
The lawsuit also raises concerns about Fume’s online age-verification system, describing it as insufficient to prevent underage access. According to the complaint, users can bypass verification by simply clicking an on-screen prompt, enabling minors to purchase products without meaningful safeguards.
Additionally, the filing criticizes Fume’s wide range of flavored e-cigarettes, arguing that sweet and fruity varieties are particularly enticing to youth. The U.S. Food and Drug Administration (FDA) has not authorized any flavored e-cigarette products other than menthol.
Amiel is seeking class-action status to represent all U.S. consumers who have purchased Fume e-cigarettes. The lawsuit includes claims for violations of consumer protection laws in New York and other states, as well as allegations of breach of warranty and unjust enrichment.
QR Joy Inc. has not yet publicly responded to the allegations.
