BOSTON — Massachusetts has sued a national retailer of electronic cigarette and vaping products, alleging the company violated state law by targeting minors for sales of its merchandise, Attorney General Maura Healey announced Thursday.
The complaint filed in Suffolk Superior Court alleges that Clifton, New Jersey-based Eonsmoke LLC violated Massachusetts consumer laws by targeting underage consumers through its marketing and advertising, and failed to verify online buyers’ ages or ensure shipments were received by a person 21 or older, as the state requires.
The lawsuit is the first filed by the attorney general since her office launched a broad investigation of the e-cigarette industry last summer.
Healey said the company’s products, marketed on social media sites such as Instagram, Snapchat and YouTube, contain some of the highest nicotine concentrations on the vaping market and include flavored products with names like “gummy bear” and “cereal loops.”
Eonsmoke did not immediately respond to a message seeking comment.
The company’s chief executive, Michael Tolmach, wrote in an email to The Boston Globe, which first reported the lawsuit, that Eonsmoke shares Healey’s concerns about youth vaping and has “taken some of the most aggressive actions of anyone in the industry to combat youth usage including ceasing sales to the state on our website, scrubbing our social media channels, and enacting strict age verification online.”
The company stopped selling its products to online customers in Massachusetts after the attorney general’s office sent a cease and desist letter in September, according to Healey, who said in her statement that the investigation of other vaping companies, including industry giant Juul Labs, continues.
North Carolina earlier this month became the first state to sue Juul, asking a court to limit what flavors it can sell and ensure underage teens can’t buy its vaping products.
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