NY AG Seizes Illegal Vape Shop; Two Operators Banned for Life

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The New York Attorney General's office has reached a settlement and consent decree to permanently shut down the e-cigarette store Evan Mills Smoke Shop and prohibit its owner from engaging in the sale of nicotine or tobacco products again.

The case involves multiple illegal activities, including the sale of flavored e-cigarettes containing nicotine, mislabeling of drugs such as kratom and nitrous oxide, in violation of New York state regulations.

Penalty clause: Pay a fine and high damages liability, and if violated again, it will trigger an obligation to pay $3.81 million.

This law enforcement operation is the latest move by the New York Attorney General in tackling the issue of youth e-cigarette use, continuing efforts to regulate and enforce laws regarding these products.

On May 5th, New York State Attorney General Letitia James announced that an agreement has been reached with the e-cigarette store Evan Mills Smoke Shop, located in Jefferson County, and its two operating companies (Evan Mills Smoke & Accessories, LLC and Northwind26449, Inc.) and their principals. The case primarily involves multiple state law violations, specifically the sale of flavored e-cigarettes and other counterfeit drugs to the public.

According to the consent decree, the involved store will be permanently closed, and its owners, Ayoub Alharbi and Sameer Mohamod-Hizan Yahia, are permanently prohibited from operating any business selling nicotine and/or tobacco products (including e-cigarettes) within the state of New York. The two executives must pay a civil fine of $50,000. If they violate the consent order again in the future, they will be required to pay an additional $3.81 million in damages.

The Office of the District Attorney has stated that the e-cigarette store, Evan Mills Smoke Shop, is accused of repeatedly illegally selling flavored e-cigarette products that have been banned by state law. In addition, the store also sells a variety of controlled items including kratom leaves (a plant-based addictive product), nitrous oxide (laughing gas), and other counterfeit drugs. The Attorney General officially filed a lawsuit in 2023, seeking to permanently close this smoke shop.

According to court documents, officials have seized more than 3300 units of flavored e-cigarette products, 60 boxes of nitrous oxide, 577 boxes of THC e-cigarettes, 617 servings of THC or Delta-8 edibles and tinctures, 35 servings of "sativa" cannabis, 232 servings of psilocybin-infused chocolate, 62 servings of kratom products, and hundreds of other mislabeled drugs from the store.

This action is one of the latest developments in Prosecutor James' ongoing efforts to prevent and control youth e-cigarette use.

In February, she filed lawsuits against 13 e-cigarette manufacturers, distributors, and retailers; in January, she sued two stores in Herkimer County for illegally selling e-cigarettes; in April 2023, she received a $462 million settlement from Juul and distributed the funds across various locations in New York in June 2024; in August 2021, James led a multistate alliance urging the FDA to strengthen regulation of e-cigarettes and nicotine oral products; in December 2020, she ordered multiple retailers to immediately stop selling e-cigarettes to minors and banned the illegal sale of flavored products, and in the same month, she convened a roundtable meeting with lawmakers, students, and parents to discuss the issue of youth vaping.