Attorney General Maura Healey sues online vape company ‘Puff Bar’, alleging selling flavored tobacco products in Massachusetts

Attorney General Maura Healey is suing an online electronic cigarette company called “Puff Bar” for selling disposable flavored tobacco products in Massachusetts in violation of state law, his office Thursday.

the complaint, filed in Suffolk Superior Court on Wednesday, alleges that Puff Bar and Cool Clouds Distribution, Inc. continued to advertise and sell disposable flavored tobacco products after banned in Massachusetts in November 2019.

“The practices of this company – selling flavored products and delivering products to minors – are clearly illegal under Massachusetts law,” Healey said in a statement. “These products are dangerous, addictive and particularly appealing to young people, which is why Massachusetts has moved quickly to regulate them. Companies that blatantly violate these laws will face legal action from my office. “

Healey is also seeking a preliminary injunction to prevent the sale of any illegal product while the case proceeds in court. The lawsuit alleges that Puff Bar violated An Act Modernizing Tobacco Regulations, the Massachusetts Consumer Protection Act and the GA e-cigarette regulations.

Massachusetts was the first state in the United States to ban the sale of flavored tobacco products, including electronic cigarettes and e-liquids. The law was implemented on June 1, 2020, which included a ban on all menthol flavored tobacco products.

The law also imposed a 75% excise tax on electronic cigarettes, a rate similar to the tax on traditional cigarettes. Insurers will be required to cover non-copayable smoking cessation counseling and products.

While retailers will no longer be able to sell flavored nicotine vapors, sales will be allowed to continue under the new law at smoking bars, which have an age limit and require users to consume products on site.

But unflavored vapes can still be mass sold. New regulations adopted by the Ministry of Public Health Within days of Gov. Charlie Baker’s signing, the new law specifies that convenience stores and gas stations can continue to sell tasteless nicotine vapors as long as their nicotine concentration is below 35 milligrams per milliliter of vaping solution.

Unflavored vapes containing nicotine concentrations greater than 35 milligrams per milliliter of vaping solution may only be sold in licensed, adult-only tobacco stores and smoking bars, in accordance with the new regulations.

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