The Consumer Lawsuit Against Fume E-cigarette Brand for Misleading Labeling

Key point:

Misleading Labeling: Fume Products Labeled as "5% Nicotine" are criticized for not specifying their corresponding nicotine salt potency, potentially misleading consumers.

Marketing targeted at teenagers: accused of indirectly attracting minors through social media, circumventing sales restrictions for those under 21, in violation of federal regulations.

Official website verification mechanism is weak: users only need to click "age confirmation" to make a purchase, lacking effective identity verification mechanisms, being criticized for allowing underage users to easily make purchases.

Risk of illegal seasoning products: Fume sells a large quantity of seasoning products that have not been approved by the FDA in multiple jurisdictions, constituting illegal sales.

According to a recent report from Usaherald, the manufacturer of the e-cigarette brand Fume, QR Joy Inc. based in Florida, United States, is facing a federal class-action lawsuit filed by a consumer in New York. The lawsuit accuses the company of misleading labeling and inappropriate marketing targeting minors.

The lawsuit was filed by plaintiff Hayley Amiel on April 11th in the Southern District Federal Court of Florida, accusing Fumee-cigarette of misleading consumers by falsely claiming on product labels to contain "5% nicotine" and covering up the true effectiveness of the product.

The lawsuit alleges that Fume products use nicotine salts, which have a higher absorption rate and addiction risk in the body. The lawsuit cites scientific research stating that even a 3% nicotine salt concentration is as potent as traditional cigarettes, while Fume's 5% content is even higher, potentially misleading users trying to quit smoking or looking for alternative products.

In addition to labeling issues, the lawsuit also accuses QR Joy Inc. of deliberately targeting youth in their marketing efforts. The plaintiffs allege that Fume's social media promotions frequently feature young adults using e-cigarettes in group settings, and they collaborate with social media influencers popular among youth to promote their products. Despite federal laws explicitly prohibiting the sale of e-cigarette products to individuals under 21, the lawsuit argues that the company is circumventing regulations through their promotional tactics.

In addition, the age verification mechanism of the Fume official website has been criticized for having loopholes. The plaintiff claims that users only need to click on the "age confirmation" pop-up window on the page to enter the purchase process without any further identity verification, allowing minors to easily make purchases online.

The lawsuit also criticized Fume's numerous flavor products, stating that these flavors are particularly appealing to young users. The U.S. Food and Drug Administration (FDA) has not approved any flavored e-cigarette products, and in federal law and multiple jurisdictions, such products are considered illegal for sale.

The plaintiff is seeking to represent all American consumers who have purchased the Fume e-cigarette, and is filing claims for violations of New York and other states' consumer protection laws, as well as claims for breach of warranty and unjust enrichment.