PHOENIX - Attorney General Mark Brnovich today announced his office also filed an Arizona Consumer Fraud lawsuit against Eonsmoke, LLC, regarding the company’s advertisement and sale of vaping products to Arizonans, including Arizona’s youth. The lawsuit, filed in Maricopa County Superior Court Tuesday morning, is accompanied by a request for a preliminary injunction to immediately prevent Eonsmoke from selling its illegal products in Arizona.
This lawsuit was filed simultaneously with a separate consumer fraud lawsuit initiated against Juul Labs, Inc. by the Arizona Attorney General’s Office.
"I am committed to doing everything I can to help combat the dangerous trend of youth vaping," said Attorney General Brnovich. "Speak to any parent or student who has stepped foot on a high school or middle school campus recently and they will tell you teen vaping is an epidemic. Millions of children are hooked on nicotine, enticed by youth-friendly flavors and targeted advertising. You can't flout the law by selling illegal products and not be held accountable."
The Arizona Attorney General’s Office’s lawsuit alleges, among other things, that Eonsmoke has been illegally selling vaping products to consumers and retailers across the State. In 2019, the FDA determined Eonsmoke products did not have the required marketing authorization and therefore could not be sold on the market. However, undercover investigators with the Attorney General’s Office found the products are being sold in nine out of fifteen Arizona counties (representing approximately 96 percent of Arizona’s population) and online.
To make matters worse, the products have been illegally marketed to youth to include kid-friendly flavors such as Lush Ice, Green Apple, Grape, Mango, and Kiwi Strawberry. The products have nicotine strengths among the highest currently on the market. Other Eonsmoke flavors prohibited by the FDA include Gummy Bear, Sour Gummy, Candy Apple, Cotton Candy, Donut Cream, and Cereal Killer.
The lawsuit is accompanied by a request for a preliminary injunction against Eonsmoke to shut down sales of illegal vaping products immediately. The lawsuit also seeks a permanent injunction against Eonsmoke, disgorgement of profits, and penalties of up to $10,000 for each willful violation of the Arizona Consumer Fraud Act.
This case is being overseen by Civil Litigation Division Chief Counsel Joe Sciarrotta and is being handled by Senior Litigation Counsel Neil Singh, Shane Foster, and Stephanie Elliott, as well as Assistant Attorneys General Erika Mansur and Jane Fallon.
Copy of preliminary injunction here.
Copy of complaint here.
Copy of JUUL lawsuit here.