Top Takeaways:

• A Manhattan federal court rejected a motion to dismiss New York City’s lawsuit against eight vape distributors accused of violating the city’s flavored e-cigarette ban.
• The judge ruled that New York City’s claims were plausible and not preempted by federal law, signaling support for local regulatory power in public health matters.
• Companies named in the suit include well-known national distributors such as Puff Bar Inc., Pod Juice, and MYLÉ VAPE Inc., all accused of continuing to sell flavored vapes in violation of city law.

A federal judge in Manhattan has denied a motion to dismiss New York City’s lawsuit against eight vaping product wholesalers accused of distributing illegal flavored e-cigarettes, allowing the case to proceed.

U.S. District Judge Gregory H. Woods ruled that the city’s allegations were “plausible” and supported by sufficient evidence to move forward in court. The decision is a significant victory for city officials who have long argued that the flood of flavored e-cigarettes into the local market undermines public health.

The lawsuit, originally filed in state court in 2023 and later moved to federal court, names Pod Juice, EVO Brands, Midwest Goods Inc., MYLÉ VAPE Inc., MVH I, Inc., Puff Bar Inc., Safa Goods LLC, and Mi-One Brands as defendants. New York City alleges that the companies have knowingly continued to sell flavored e-cigarettes within city limits despite a local ban that went into effect in July 2020.

“Defendants have flooded New York City with flavored e-cigarettes in blatant violation of local law,” the city’s complaint states, arguing that the products have been marketed and sold in ways that specifically appeal to youth.

In their motion to dismiss, the defendants claimed that the city’s lawsuit was preempted by federal law—namely, the Family Smoking Prevention and Tobacco Control Act, which grants the U.S. Food and Drug Administration authority to regulate tobacco products. But Judge Woods rejected that argument, concluding that federal law does not prevent municipalities from enforcing local public health regulations.

“This is a strong signal that local governments have a role to play in protecting residents from illegal vaping products,” said New York City Corporation Counsel Sylvia O. Hinds-Radix in a statement following the ruling.

The lawsuit is part of a broader campaign by New York City to curb youth vaping and enforce its flavored tobacco ban. The city’s 2020 law prohibits the retail sale of flavored e-cigarettes and vaping products, including menthol, with an exception for tobacco-flavored items.

The case also has implications beyond New York. Several of the companies targeted in the suit are major national distributors, and similar legal challenges are unfolding in other jurisdictions. In 2023, the California Department of Justice sued multiple vape companies for allegedly violating that state’s flavored tobacco ban, and Chicago has filed lawsuits of its own against out-of-state distributors.

“The fact that these companies continue to distribute flavored vapes in defiance of local and state laws is troubling,” said Mitch Zeller, former director of the FDA’s Center for Tobacco Products, in comments to industry media. “These legal rulings are reinforcing the notion that federal regulation sets the floor, not the ceiling, for tobacco control.”

The defendants have not yet publicly commented on the ruling. The case will now proceed to discovery, where both sides will gather evidence. No trial date has been set.