Attorney General Brnovich Obtains $22.5 Million Judgment and Injunction Against Eonsmoke

PHOENIX – Attorney General Mark Brnovich today announced that the Arizona Attorney General's Office (AGO) obtained a $22.5 million judgment and a permanent injunction against vaping peddler Eonsmoke, LLC.

“Eonsmoke is being held accountable for its unlawful conduct in Arizona, including marketing flavored vaping pods to children,” said Attorney General Mark Brnovich. “If you are an Arizona retailer and have Eonsmoke products on your shelves, they are illegal. This final judgment includes comprehensive injunctive relief, and our office will continue to monitor Eonsmoke's presence in Arizona and ensure its compliance with all state and federal laws."

The Consumer Protection Section of the AGO filed a consumer fraud lawsuit in January 2020 to stop Eonsmoke from selling illegal vaping products and targeting youth in Arizona. In October 2019, the FDA informed Eonsmoke that it was manufacturing and selling 96 illegal products that did not receive proper FDA approval. Illegal Eonsmoke products, however, continued to be available for sale in retail locations and online to Arizona consumers (including when the AGO filed its lawsuit against the company in January 2020). Even more egregious, Eonsmoke engaged in marketing tactics that targeted underage consumers in Arizona.

In February 2020, the Superior Court granted the State’s preliminary injunction request, ordering Eonsmoke to immediately cease the sales of illegal vaping products. In the wake of this ruling, the AGO's Tobacco Enforcement Unit sent over 4,880 letters to retailers informing them that they were facilitating the sale of illegal vaping products.

On July 27, 2020, the Court issued a final judgment against Eonsmoke. The judgment:

  • Permanently enjoins Eonsmoke from: (i) advertising, marketing, or selling any illegal products in Arizona; (ii) marketing, appealing to, or targeting underage consumers in Arizona; and (iii) providing any products to underage consumers in Arizona or distributing products to retailers with three or more violations of the underage sales statutes.
  • Awards the State a total judgment of $22,535,136: 
    • $21,974,000 in civil penalties
    • $511,136 in disgorgement of revenues, and
    • $50,000 in attorneys’ fees

Also in January of 2020, the AGO filed a similar consumer fraud lawsuit against JUUL Labs.

If you believe you have been the victim of consumer fraud, you can file a consumer complaint by visiting the Attorney General’s website.  If you need a complaint form sent to you, you can contact the Attorney General’s Office in Phoenix at (602) 542-5763, in Tucson at (520) 628-6648, or outside the Phoenix and Tucson metro areas at (800) 352‑8431. To report potential tobacco violations, visit https://www.azag.gov/complaints/tobacco or email TobaccoYouth@azag.gov.

Copy of the judgment.