PHOENIX - Attorney General Mark Brnovich announced today that his office sent cease and desist letters to approximately 5,200 tobacco and vaping product retailers and distributors across Arizona, notifying them that certain Eonsmoke vaping products are illegal and the products need to be removed from store shelves. The Attorney General's Office (AGO) obtained a preliminary injunction from an Arizona Superior Court judge late last month against 96 products marketed, sold, and distributed by Eonsmoke.
"Eonsmoke vaping products that have been deemed illegal by the FDA remain available at stores throughout our state,” said Attorney General Mark Brnovich. “It’s time for Eonsmoke and retailers to follow the law by pulling those products off store shelves. Our cease and desist letters were sent to over 5,000 Arizona businesses to inform them about the FDA and Superior Court’s rulings and to encourage them to voluntarily remove illegal vaping products from their shelves as soon as possible."
In 2019, the FDA determined certain Eonsmoke products did not have the required marketing authorization and, therefore, could not be sold on the market. Nonetheless, Operation Counterstrike undercover investigators with the AGO found the products being sold openly in nine out of fifteen Arizona counties and online. The AGO filed a lawsuit against Eonsmoke in January 2020 alleging, among other things, that Eonsmoke has been selling vaping products illegally to consumers and retailers across the State.
In February 2020, the AGO obtained a preliminary injunction against Eonsmoke which prohibits the company from selling its illegal products in Arizona. Accordingly, the AGO is now notifying tobacco and vaping retailers of the court action to have these illegal products removed from stores immediately.
The AGO’s ongoing lawsuit 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 matter 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 AGO letter to Arizona retailers (includes list of illegal 96 products).
- Copy of preliminary injunction.
- Copy of FDA’s letter to Eonsmoke of October 24, 2019.