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California AG Bonta Leads Multistate Crackdown on Illicit Flavored E-Cigarettes
[2Firsts] Oakland, January 15, 2025 – California Attorney General Rob Bonta announced a coordinated effort with nine other attorneys general to target companies manufacturing, distributing, and selling flavored disposable e-cigarettes illegally. The multistate crackdown aims to enforce tobacco and consumer protection laws while addressing the surge of addictive and youth-targeted e-cigarette products.
Bonta also filed a lawsuit in Los Angeles County Superior Court against Flumgio Technology Inc., Berkeley Int’l Business Crew, and their founder, Zaoyu Zhu, for illegally importing and selling FLUM brand e-cigarettes. The lawsuit alleges that the products, popular for their kid-friendly flavors and bright packaging, violate California’s retail ban on flavored tobacco and lack the required FDA marketing authorization.
“As a father and California’s Attorney General, I won’t stand by while companies profit by targeting our youth with harmful, addictive products,” Bonta said. “This collective action demonstrates our commitment to holding these companies accountable and protecting public health.”
Rare Move: Suing Individuals in Illicit Trade Cases
In a rare enforcement move, Attorney General Bonta’s lawsuit directly names Zaoyu Zhu, founder of Flumgio Technology Inc., as a defendant. Zhu is accused of personally facilitating the illegal importation and sale of FLUM brand e-cigarettes, aiding retailers in violating California’s flavored tobacco ban, and misleading consumers through deceptive advertising.
“By holding individuals accountable, we send a clear message that illegal activities targeting our youth will not be tolerated,” said Bonta. This approach underscores the severity of the alleged violations and serves as a warning to other actors in the illicit trade of tobacco products.
A Growing Concern: Youth Vaping Epidemic
Flavored disposable e-cigarettes have flooded the U.S. market, with a reported 1500% increase in unique products since 2020. Manufactured primarily in China, these devices are marketed with playful designs, bright colors, and enticing flavors like fruit and candy. Some even incorporate video games to attract young consumers. According to the 2024 National Youth Tobacco Survey, disposable e-cigarettes remain the most-used tobacco product among U.S. youth, despite high nicotine levels and federal efforts to regulate them.
Bonta’s lawsuit accuses the FLUM Defendants of exploiting loopholes in the system, aiding retailers in circumventing California’s flavored tobacco ban, and falsely marketing their products to consumers. The complaint also claims violations of California’s False Advertising Law and Unfair Competition Law, seeking injunctive relief to halt further illegal activity.
Multistate Collaboration
The effort involves legal actions across several states:
• Connecticut: Civil investigative demands issued to retailers selling high-nicotine, illegally imported e-cigarettes.
• Illinois: A lawsuit against Posh, a top-selling disposable vape brand, alleging violations of youth protection laws.
• New Jersey: Warning letters sent to 11,000 tobacco retailers, reminding them of state restrictions on flavored vapor products.
• New York and Other States: Additional lawsuits and investigations targeting non-compliant manufacturers and distributors.
California’s Comprehensive Strategy
Bonta’s actions build on California’s aggressive stance against flavored tobacco. Recent efforts include legislation enforcing the state’s flavored tobacco ban and a $462 million settlement with JUUL Labs, Inc., which allocated $175.8 million to California for research, education, and enforcement initiatives. These measures aim to curb youth addiction and hold companies accountable for illegal marketing practices.
Industry Impact
The crackdown signals heightened regulatory scrutiny for the disposable e-cigarette market, which has seen exponential growth despite federal and state restrictions. Legal actions like those announced today could reshape the industry, forcing manufacturers to comply with FDA marketing requirements and state laws or face severe penalties.
The multistate collaboration highlights a growing bipartisan commitment to combating illicit tobacco products. “It takes a unified effort to address these threats to public health,” Bonta said. “We will continue to use every tool at our disposal to protect the health of our communities.”
