PHOENIX – Attorney General Mark Brnovich announced today that his office obtained a preliminary injunction against Eonsmoke, LLC, regarding its advertisement and sale of illegal vaping products to Arizonans, including Arizona’s youth. The injunction immediately prohibits Eonsmoke from selling its illegal products in the State.
"I am committed to combating the dangerous trend of youth vaping," said Attorney General Brnovich. "Speak to any parent of a high school or middle school student and they will tell you teen vaping is an epidemic. Millions are hooked on nicotine, enticed by youth-friendly flavors and youth-targeted advertising. Those selling illegal products must be held accountable."
In 2019, the FDA determined certain Eonsmoke products did not have the required marketing authorization and therefore could not be sold. However, Operation Counterstrike undercover investigators with the Arizona Attorney General’s Office, found the products are being sold in most of Arizona’s counties and online. The Arizona Attorney General’s Office filed a lawsuit against Eonsmoke in January 2020 alleging, among other things, that Eonsmoke has been selling illegal vaping products to consumers and retailers across the State.
To make matters worse, the illegal products include kid-friendly flavors such as Lush Ice, Green Apple, Grape, Mango, and Kiwi Strawberry. These products were marketed to youth and have some of the highest nicotine strengths available.
The injunction prohibits the advertising, marketing, distribution, and sale of all Eonsmoke products that the FDA has determined to be illegal in its letter to Eonsmoke dated October 24, 2019, for failure to obtain a proper marketing order. The injunction further requires Eonsmoke to notify Arizona businesses and online retailers that market, sell, and distribute its products that these illegal products must be immediately removed from the Arizona marketplace.
The related 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.
Copy of complaint.