By Timothy S. Donahue

Top Takeaways:

• Major enforcement action: Illinois has reached a $20 million settlement with the companies behind the Posh disposable vape brand.
• Sales restricted: Under the agreement, Posh products cannot be sold, distributed or advertised in Illinois unless they receive FDA authorization.
• Broader crackdown: The settlement marks another step in the Illinois Attorney General’s broader campaign targeting unauthorized vapes.

Illinois is raising the stakes on unauthorized vaping products. Attorney General Kwame Raoul has secured a $20 million settlement for the state with the entities responsible for distributing the Posh disposable vape brand, resolving allegations that the companies sold unauthorized flavored e-cigarettes and marketed them to appeal to youth.

The settlement stems from a January 2025 lawsuit Raoul filed as part of a bipartisan coalition of state attorneys general targeting manufacturers and distributors of unauthorized flavored disposable e-cigarettes. The complaint alleged that the defendants violated Illinois’ Youth Prevention Vaping Act, which prohibits the sale of e-cigarettes that have not received a marketing granted order (MGO) from the U.S. Food and Drug Administration.

“Today’s settlement ensures one of the most prolific vaping brands in Illinois will no longer sell unauthorized e-cigarettes with flavors that appeal to youth,” Raoul said. “I remain committed to working to protect our communities from the harms of illegal and unregulated e-cigarettes and will continue to hold companies accountable for targeting youth with their addictive products.”

According to the attorney general’s office, the lawsuit alleged that Posh, and its parent Mi-Pod, marketed products in flavors such as Gummy Bear Ice, Ice Cream Cone and Jelly Berry and promoted them on Instagram with imagery designed to attract underage users.

Under the settlement, the defendants are prohibited from selling, distributing, or advertising Posh e-cigarettes in Illinois unless the products receive FDA marketing authorization. The agreement also bars marketing practices deemed attractive to youth, including the use of cartoons, social media influencers, and models under age 35, and requires the companies to use available age-verification tools on social media platforms where products are promoted.

The $20 million payment will support Illinois’ continued enforcement efforts against companies that sell unauthorized vaping products.

The settlement is the latest in a series of actions by Raoul to restrict the sale of unauthorized e-cigarettes. In June, Shopify announced it would prohibit the sale of vaping products on its platform after Raoul joined a bipartisan coalition of 25 attorneys general urging the company to stop facilitating sales of illegal tobacco products.

Earlier this year, Raoul also joined multistate efforts urging the FDA to withdraw draft guidance that would have eased evidentiary standards for certain flavored e-cigarette premarket tobacco product applications (PMTAs) and called on major payment processors to strengthen controls against illegal vape transactions.