New York State recently filed lawsuits against distributors selling electronic cigarettes. Illegal electronic cigarettes from China are popular on American campuses, bringing various harms. Experts have pointed out that electronic cigarettes generate huge profits, and legislation along with strict enforcement are necessary to ban them on campuses.
On February 20th, the New York State government filed lawsuits against several major electronic cigarette distributors in the United States, accusing them of selling flavored electronic cigarette products with cartoon packaging, which violated relevant laws and fueled the trend of youth vaping.
New York State Attorney General Letitia James is seeking civil fines and compensations totaling hundreds of millions of dollars from 16 companies and individuals accused, and is seeking a permanent ban on the sale of these products in New York State. The charges include selling fruit and candy-flavored electronic cigarettes to vulnerable youth for profit, causing public nuisance.
The Attorney General stated that the electronic cigarette industry is following in the footsteps of tobacco companies, addicting children, making nicotine look cool, and leading to a major public health crisis. The defendants disregarded the state laws enacted in 2020, knowing the health risks involved in their actions.
According to the Associated Press, disposable electronic cigarettes such as Elf Bar manufactured in China have infiltrated some American high schools and have become the preferred electronic cigarette for students. However, these products have not obtained approval from U.S. federal regulatory agencies and have entered the American market using trademarks of batteries, phones, and other products. New York State banned all flavored electronic cigarettes except for tobacco in 2020.
Researcher and director Shen Mingshi of the Taiwan Institute of National Defense and Security told Dajiyuan, “Traditional electronic cigarettes, once switched to various flavors like fruits or candies, evade the regulations governing traditional tobacco products, allowing them to be sold and reaching adolescents in schools.”
Shen Mingshi emphasized, “Even though disposable flavored electronic cigarettes may not contain as much nicotine as traditional tobacco, they can still cause addiction, and the quality control of those produced in China is difficult. The U.S. FDA has not been vigilant about their hazards and strict prohibition, resulting in their widespread sale in the U.S. and addicting adolescents. Currently, New York State has a ban, but federal restrictions are progressing slowly.”
According to the Associated Press, some electronic cigarette retailers maintain close ties with Chinese electronic cigarette manufacturers and frequently visit the original production site in China for flavor development and marketing directly.
As of now, authoritative data on the 2024 U.S. electronic cigarette usage rates have not been seen. According to estimates by the international tobacco giant Altria, the U.S. electronic cigarette market grew by 30% in 2024, mainly driven by unauthorized disposable electronic cigarettes, accounting for 60% or more of such products.
Since 2014, electronic cigarettes have been the most widely used tobacco product among American youth. According to a 2024 survey, 5.9% of high school and middle school students in the U.S. (approximately 1.63 million people) use electronic cigarettes. Nearly ninety percent of the surveyed individuals stated they have used flavored electronic cigarettes.
On February 19th, California legislators introduced a bill to ban the sale of disposable electronic cigarettes in California. The AB762 bill introduced by California prohibits the sale or provision of new or refurbished disposable electronic cigarettes in California and imposes fines on violators. The bill is set to come into effect on January 1, 2026.
Electronic cigarettes are smoking devices operated by batteries, containing aerosolized nicotine, cannabis, etc., generally containing flavorings and other chemicals, roughly divided into refillable and disposable types.
As early as 2019, New York State Attorney General filed a lawsuit against the electronic cigarette company JUUL, accusing it of illegally promoting electronic cigarettes to young people. Ultimately, JUUL paid $462 million in compensation, with over $100 million being used for a statewide program to help minors quit electronic cigarettes.
China is the world’s largest producer of electronic cigarettes, supplying over 95% globally, with 70% coming from Shenzhen.
By 2024, the illegal flavored electronic cigarettes in the New York market mainly originated from China, with a sample survey showing up to 99%. A 2022 survey by the Associated Press revealed that over 5,800 disposable electronic cigarette products were sold in the U.S. market.
Most of China’s electronic cigarette manufacturers and exporters are concentrated in Shenzhen, with many of these companies having subsidiaries in California, the United States, to import goods from China and then distribute them to American customers.
In September 2024, the Shenzhen Enterprise Federation released the list of the top 500 Shenzhen companies, with 14 electronic cigarette companies registered. Among them, Shenzhen Changying Precision Technology Co., Ltd., Shenzhen Maxwell Technology Co., Ltd., and Aiqiji (Shenzhen) Technology Co., Ltd. ranked top three. Elf Bar is a product of Aiqiji.
In 2024, China’s electronic cigarette exports reached nearly $11 billion, with the United States, the United Kingdom, and South Korea being the top three destination countries. Exports of electronic cigarettes to the U.S. amounted to $3.7 billion, accounting for 33% of the total exports.
Some U.S. states have already started to acknowledge the harms and potential social issues brought by flavored electronic cigarettes from China, and have taken actions.
Shen Mingshi believes that it may be difficult to outright ban the flavored electronic cigarettes from China in the short term. “The U.S. FDA has overlooked the harms caused by flavored electronic cigarettes, leading to a slow progress in regulatory restrictions. Additionally, flavored electronic cigarettes generate high profits, and there are lobbying groups in Congress, making legislation not necessarily smooth.”
He stated, to ban flavored electronic cigarettes on campuses, “they should first be regulated like tobacco to prevent their entry into schools. Illegal imports and uncontrolled quality of flavored electronic cigarettes should be prohibited, with smuggled goods confiscated. Legal products should be monitored. For Chinese imports, full inspection should be carried out, confiscating products that do not meet relevant standards. If necessary, high tariffs can be imposed to reduce their profits and decrease the incentives for export to the U.S.”
Flavored electronic cigarettes, also known as flavored e-cigarettes, are particularly favored by youth due to their various flavors like fruits, candies, and mints. However, they pose many risks and hazards.
Firstly, there is a risk of nicotine addiction. Flavored electronic cigarettes contain highly addictive substances like nicotine that may affect the brain development of young people. Since the brain is still developing until the age of 25, nicotine can impact memory, learning abilities, impulse control and increase the risk of using other addictive substances in the future.
Secondly, they pose health risks to the lungs and cardiovascular system. Some flavored electronic cigarettes contain chemicals that can cause lung diseases. For example, common spices like diacetyl in butter flavor; studies show that chemicals in electronic cigarettes can raise blood pressure and heart rate, increasing the risk of cardiovascular diseases.
Thirdly, inhaling toxic chemicals can lead to addiction. The aerosols in flavored electronic cigarettes may contain toxic substances like lead, nickel, and formaldehyde that can harm the respiratory system and overall health. With flavors like fruits, mint, desserts, flavored electronic cigarettes may make adolescents think they are harmless, leading to increased usage and further nicotine addiction.
Nicotine in electronic cigarettes is highly addictive, especially for youth and non-smokers. Also, certain flavoring components in electronic cigarettes, like diacetyl, may cause severe lung diseases such as “popcorn lung.” In 2019, the U.S. reported 2,807 cases of electronic cigarette-related lung injuries, with 68 deaths.
Over the years, fentanyl, mainly from China, has become a major social issue in the United States. Some are concerned that if flavored electronic cigarettes continue to spread among American youth, similar social problems may arise.
Regarding this, Shen Mingshi stated, “Fentanyl indeed has the risk of overdose, but flavored electronic cigarettes mainly attract youth by taste. Once addicted, the youth, in essence, increase the smoking population. If addicted or these youth escalate to smoking, stimulants, or drugs, it will greatly impact social security, campus safety, and youth physical health. Additionally, the risks of nicotine leading to lung cancer or other cardiovascular diseases greatly increase, adding to the national medical burden.”
President Trump announced the restriction of selling “flavored electronic cigarettes” by the U.S. government back on September 11, 2019, to prevent youth and children from developing addiction. That same year, the FDA reported six deaths and 450 suspected cases of lung disease associated with the use of electronic cigarettes.
Shen Mingshi said, “Electronic cigarettes containing nicotine can be addictive, making it hard to quit and possibly escalate to using drugs; the aerosols generated during electronic cigarette heating may contain harmful chemicals, including carcinogens like formaldehyde, benzene, affecting adolescent health and posing cancer risks.”
Electronic cigarettes began to rise in popularity in the 2000s and gradually became a hot commodity in the U.S. tobacco industry. After 2010, there was a significant increase in e-cigarette users, especially rapidly spreading among students and youth, growing from about 220,000 people in 2011 to approximately 3.05 million people in 2018. From 2020 to 2022, U.S. e-cigarette sales grew by 46.6%, with flavored electronic cigarette products favored by youth contributing to this growth.