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New York City Sues Vape Distributors Amid Broader Crackdown on Illegal Smoke Shops


Mayor Eric Adams announced a federal lawsuit Monday against nine leading e-cigarette distributors accused of illegally selling flavored disposable vapes in New York City, targeting underage users with products like “banana ice” and “watermelon.” The suit builds on the city’s broader public health push, “Operation Padlock to Protect,” which has resulted in the closure of over 1,300 illegal smoke shops and the seizure of $94 million in unlicensed goods. The city argues the distributors violated federal and local laws, including public health and racketeering statutes. Officials say the effort, reinforced by youth-led campaigns and declining crime statistics, reflects a wider commitment to community safety and youth protection.

Transcript: Mayor Adams Announces Lawsuit Against Nine Major National Distributors for Illegally Selling Disposable Flavored E-Cigarettes, Celebrate new Phase of Highly Successful “Operation Padlock to Protect” Initiative

Sheriff Anthony Miranda: I’m Sheriff Anthony Miranda. I want to take this time to thank all of you for joining us here today. We are joined with Jackie Rowe-Adams from Harlem Mothers S.A.V.E., Stephanie McGraw from WARM, Rosa Diaz from Community Board 11, Carey King from Uptown Ground Central, Miss. Jackson from the 25th Precinct Council as well. We’re standing outside of a formerly illegal cannabis shop that was most recently sealed. 

As you can see, it’s now sealed and no longer selling illegal products and harming our communities. One year ago today, shops like these were everywhere, almost on every block and infecting every community, and we received numerous community complaints about the issue. We all felt like they were cropping up all over the place in all of our neighborhoods. 

Mayor Adams and the Adams administration fought hard to get us, the legal authority, to close these shops down during last year’s state legislative session, and he delivered. As soon as we got legal authority, the mayor instructed us to deliver results and protect our communities. 

I’m proud to be standing here today, less than a year later, to show all that we have accomplished through Operation Padlock to Protect, which demonstrates the best of community and law enforcement working together. With that said, I’d like to take this opportunity now and introduce Mayor Eric Adams.

Mayor Eric Adams: Thank you so much, sheriff, and really a combination of our team members, particularly many people don’t realize the role that the public, that our corporation counsel plays in public safety, but when you do an analysis, what that team does every day, and the impact of their actions really impact public safety. Our corp counsel, Muriel, we want to thank you, you and your team. These are challenging and difficult laws to navigate. 

We want to do it with the combination of making sure we use every arm and every tool we have in our toolbox. But we want to do it, fairly, justly, and legally. You cannot break the law to enforce the law. And that is what the corporation counsel makes sure that we do all the time. And Sheriff Miranda, from the time of this initiative, really put together a team of dedicated men and women that went out, once we got the authority, to close these illegal smoke shops. 

We had to correct the problem that the previous governor put in place. We had to fix what he broke. The law has so many loopholes. And we find us constantly [having] to fix what impacts our city that comes out of just the idealism of making laws and not the realism of enforcing laws on the ground. So our mission, I always meant to make New York City the greatest place on the globe to raise a family.

And a key part of this mission is protecting the health of our children. I’m excited about the young people. The young person who’s going to speak today and the movement that our young people are doing around stopping illegal vaping. 

And this means stubbing out illegal vapes and e-cigarette sales that specifically target our children. When you look at some of these examples, we showed them over and over again from time to time. You know, these are examples of the items that are used. And it is to attract and bring young people, using the coloring, the style, the marketing to really focus and zero focus on our young people. 

So today, we’re announcing that the New York City Law Department under the corporation counsel is going to be filing a federal lawsuit against nine of the largest nationwide distributors of disposable e-cigarettes or vapes, they’re known as. These vapes are sold in flavors like watermelon [and] banana ice. That are intended to appeal and target our youth. 

Nicotine addiction among middle and high school youth is exploding. And if we don’t get it under control, this long-term impact of this will deal with the healthcare ramification that comes from nicotine addiction. And thanks in no small part to the actions of these master distributors. That supply sub-distributors and stores in New York City. 

A large corporation spread out and [distributed] to the smallest stores like the one that’s in the background that we successfully closed down. And they violate nearly every applicable law governing the sale of e-cigarettes. 

They have a total disregard for the law placing profit over public safety and public health. And I’m going to name them here: 10 Days. EVO Brands, Midwest Goods, MYLÉ VAPE, MVH I., Puff Bar, PVG2, Safa Goods, and SV3. 

These are our deadly ten that we’re going to zero in and focus on. They have raked in thousands of dollars while putting our kids on the path to addiction. Making them customers and users, and normally these users stay for a lifetime. That’s the long-term impact of what we’re seeing here, and it’s exposing them to unknown long-term health effects. 

And so our action today builds on our previous lawsuits against distributors and wholesalers whose activities have targeted middle and high school youth. We have already banned flavored e-cigarettes in the city. This is a successful initiative. But we want to go further. And from the moment we were given the additional authority we needed from the state to shut down illegal smoke shops, we moved extremely quickly to exercise our enforcement. 

In addition to today’s suit, which makes today so exciting, is that we are announcing a new phase of our successful Operation Padlock to Protect, something that the sheriff has successfully accomplished. Since last May we have shut down over 1,300 illegal shops, [and] seized over $94 million in illegal products. And last year New Yorkers have seen a tremendous difference in their neighborhoods during the pandemic. And because of the bad policy framework, as I stated, that was previously put in place under the previous government. Under the previous governor and administration, the poor management, these illegal shops sprouted up all over our communities, particularly in Black and brown communities. 

So we don’t want illegal shops to open. We saw that these illegal shops were open everywhere, but today the shops are closed everywhere. And our communities are safer, healthier, and more vibrant. Because we have done such a successful job, now it’s time to turn the page, and we were clear that we would act like a unified team. There would be rapid enforcement to solve the problem quickly and lawfully. The businesses we sealed were given one year to stay sealed by law. 

Now we approach the one-year mark, and since the first business closed, these spaces will be open. These businesses are allowed to reopen in an orderly and legal fashion, but they must have learned their lessons. If not, to borrow from Arnold Schwarzenegger, we will be back. We’re excited for the new businesses that will sprout and contribute positively to our communities in the very storefronts where those illegal smoke shops once were. And so we want to be clear. We’ll be watching, we will be enforcing, and we will close again. There’s one thing we don’t have a shortage of, and those are padlocks. 

In fact, just this week, the sheriff sent a clear message with the Joint Task Force responding to a community complaint. These complaints are coming from the community. He responded and resulted in an inspection of a shop in the Bronx where we seized over 95 pounds of cannabis and over 382 pounds of flavored vapes. 

The sheriff’s task force is prepared to continue conducting enforcement, and we’re asking anyone that sees any of this that takes place, please call 311 and we will act. And so business owners and landlords whose properties were sealed will now start receiving letters from the Sheriff’s Office with detailed instructions on how to unseal your business and operate in a legal fashion. And really, hats off to [the] men and women, our uniformed officers and our legal team who assists us to make the city the safest big city in America. 

And we know that because today’s lawsuit in shuttering illegal smoke shops go hand in hand with our efforts to bring down crime in our city. And our 2025 first quarter crime data reflects our resounding success. Our first quarter of 2025 shows the lowest number of shootings in recorded history. We’re talking about the start of crime stat data. We have shown that what we are doing in the combined effort is successful, but not only in shootings, we’re seeing the second lowest number of homicides [and] murders in recorded history. You’re seeing it in robbery, grand larceny, and auto theft. 

And their fourth consecutive month of declines. And continue their double-digit decrease. What’s more is that crime has now been down for five quarters, quarters of three months. You know, do the math. Five quarters, fifteen straight months of decrease in crime. It’s not new. It’s consistent. And we want to thank the men and women who are carrying out this action. 

We will continue to remain the safest big city in America. We’re going to do it one stop at a time, one block at a time, one issue at a time. And hats off to the men and women who carry out this function every day. Thank you, sheriff.

Sheriff Miranda: This issue has touched so many corners of government, from our health agencies to schools to law enforcement and consumer affairs. The mayor has done an excellent job in ensuring that we use all our tools to keep our children and families safe from these unhealthy and illegal products. Now, turn to the corporation counsel Muriel Goode-Trufant. 

Muriel Goode-Trufant, Corporation Counsel, Law Department: Good morning. I’m Muriel Goode-Trufant, corporation counsel of the City of New York. Thank you, Mayor Adams. Sheriff  Miranda, and all of the individuals who are here today who are working to improve the quality of life in our city and protect the health of young people in our communities. I’d like to specifically recognize Deputy Chief Eric Proshansky and Assistant Corporation Counsels Atif Iqbal, Elizabeth Slater, and Alexander Jung of the Law Department’s Affirmative Litigation Division for their work on this case and related litigation on behalf of the city. 

Numerous health authorities continue to warn of the dangers to youth of exotically and candy-flavored e-cigarettes or vapes. These products facilitate the consumption of high levels of nicotine, one of the most addictive products on earth, as well as other toxins. They have yielded the largest increases in youth nicotine use ever recorded, reversing a decades-long decline in youth tobacco use. 
Vapes, according to the surgeon general, have condemned a generation of youth to a lifetime of nicotine addiction. Despite the numerous laws enacted to address this public health threat, predatory companies continue to flout them, undermining public health and putting our youth at risk. Today, we have sued nine of those companies. They are vape distributors with connections to e-cigarette manufacturers in China. 

These defendants sell vapes to sub-distributors throughout the country, including in New York City, and directly to consumers here through online sales. Their assortment of youth-friendly vape products include pink lemonade, watermelon, banana ice, and cool mint. The city has brought this action as a related matter to a case brought by the New York State Attorney General, who also has sued these defendants. 

The investigations of our respective offices have determined sales by these companies violate numerous federal, state, and local statutes including [preventing] all cigarette trafficking acts and constitute male fraud under the racketeer influenced and corrupt organizations, or RICO Act, deliveries made by these sellers into New York City also violated New York public health law and New York City’s Administrative Code, which banned these products.

The city’s case also alleges a public nuisance, conduct harming the health of many people in our communities. We’re asking the court to enjoin defendants from making these illegal sales. As we proceed in litigation, we will also seek statutory penalties and damages, which can be significant. This lawsuit builds on the city’s efforts to stem a serious public health problem among youth and hold companies accountable. Thank you. 

Sheriff Miranda: Thank you, corporation counsel, for your presentation. And your support, always. None of this is done in isolation. It’s not the Sheriff’s Department. It’s a cooperation of all the city agencies working together. At this time, I’d like to introduce Jesus Peguero, a 7th grader student from M.S. 129 in the Bronx. 

Jesus Peguero, Student, M.S. 129: Good morning. My name is Jesus Peguero. I’m a proud 7th grade student at M.S. 129 in the Bronx. At our school, we are taught that we are young kings and queens. We carry ourselves with dignity and pride and purpose. As middle school students, my classmates and I often face pressure to vape. Not long ago, we saw these products everywhere. 

Kids vaping in school and buying them from nearby shops, even though we’re underage. But at M.S. 129, we know the truth. Vaping is not cool. It’s harmful. These products are unsafe, addictive, and they threaten our health and our future. That’s why we launched a powerful campaign at our school called, Escape The Vape, it’s our way of speaking up and reminding our classmates that protecting your health is a real flex. 

At M.S. 129, we live by the pledge, stand up and speak. We don’t stay silent. We raise our voices to protect ourselves, our friends, and our community. Thank you, Mayor Adams and everybody here today for standing with us and taking actions to shut down illegal shops that sell to kids. We deserve communities where we are safe, supported, and free to make healthy choices. Removing these shops is a big step towards that vision. Because we are not just students. We are leaders, we are royalty, and we are the future.

Sheriff Miranda: Again, we want to thank everybody for joining us. Please take note that we’re directly across the street from Tito Puente Educational Complex. These are the types of locations that the mayor has mandated us to target. Those that are targeting our schools and our youth. And we’re thankful for the mandate to have all these different sister agencies cooperate in a problem that is plaguing our city. And it was as a result of the mayor’s mandate. At this time, we will take any on-topic questions.

Question: This is both for the sheriff and for the mayor. Mayor, you’ve talked about how kids who want to find trouble know how to find it. So, despite the number of shops you’ve closed, I bet teenagers in this city, if you say, can you find a flavored vape, they know where to find it. And so, my question to you is, how much of a dent do you think this has really made? And if the sheriff can follow you up with, what’s his estimate of how many illegal shops are still out?

Mayor Adams: Yeah, no, great question. And I think that the most important part of the conference we’re having today is not what government is doing, but it’s the movement of young people. Change is based on the movement of young people. They blow the winds of change, not adults. And so, we can do the governmental. The corp counsel can do the legalese of suing. The sheriff can go and close the shop. But the young people will decide the demand. If we dry up the demand, we will dry up the need to even do the governmental and the legal aspect of it. 

And so, I hope it wasn’t lost on everyone. They didn’t come up with a saying of, you know, don’t vape. No, they came up with a catchy saying. The best marketing tool we have are our young people. And so, hats off to an articulate young person who came, you know, escaped the vape. You know, Escape The Vape. Make sure we get that, folks. You know, because we need to push that up. And that is how we’re going to win this battle. If they make the decision, young people make the decision, that’s not cool. Then our job is going to become easier. The number of legal shops?

Sheriff Miranda: The number of shops vary. Again, we closed out quite a few. We’ve done over 11,000 inspections. We’ve identified close to 5,000 unique addresses that we’ve inspected. But some were open and some were closed. It is the partnership with the community that continues to identify the new locations. And we continue to go back and visit the old locations to ensure that they’re compliant with the law.

Question: Is that 5,000 numbers correct? And you also have about 1,000 that are about to reopen. You hope they’ll do it properly this time. Doesn’t that just point out the difficulty of this challenge? The volume is huge.

Sheriff Miranda: The volume is huge. The challenge is that community has been the voice that we’re following. It’s the community’s cooperation that we’re responding to. And we’ll continue to have that response. We’re coming to the one-year anniversary where shops are now going to be able to open again. 

When we reach that plateau, we’ll open and we’ll continue to inspect them. But we’re responding to community complaints. So to the community out there, please be vigilant, continue to report the locations, and we’ll continue to respond to them. Thank you.

April 7, 2025 New York City Hall, Manhattan , NY

Sources: NYC.gov , Midtown Tribune
Big New York news BigNY.com

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