The vaping manufacturer QR Joy Inc. has been sued in Florida for allegedly misleading “5% nicotine” labels, attracting teens through social media. Lax age verification on the Fume website, and marketing flavored products that are not FDA-approved. The plaintiff is seeking compensation under consumer protection laws.
Key points:
- Labeling allegedly misleading: Fume products labeled as “5% nicotine” are accused of not stating the potency of the corresponding nicotine salts, which is easy to mislead consumers.
- Marketing to Teens: Accused of indirectly appealing to minors through social media, circumventing the ban on sales under 21, in violation of federal regulations.
- The official website’s verification mechanism is weak: users only need to click on “age confirmation” to shop, and the lack of an effective identity verification mechanism makes it easy for underage users to buy.
- Risk of illegal seasoning products: Fume a large number of seasoning products that the FDA does not approve are illegally sold in many jurisdictions.
Maker of e-cigarette brand Fume sued in US
Usaherald recently reported that QR Joy Inc. Florida-based manufacturer of the vape brand Fume. A New York consumer has filed a federal class-action lawsuit alleging misleading labeling and improper marketing of its products to minors.
The lawsuit, filed by plaintiff Hayley Amiel in the United States District Court for the Southern District of Florida on April 11, alleges that Fume vapes misleading consumers by claiming to contain “5% nicotine” on the product label, masking the true efficacy of the product.
Accused of misleading labeling and teen-oriented marketing
The complaint states that Fume products, in the form of nicotine salts, have a higher rate of internal absorption and risk of addiction. The lawsuit cites scientific studies that suggest that even a 3% concentration of nicotine salts is as potent as traditional cigarettes, while the 5% content labeled by Fume is much higher and can mislead users who are trying to quit or looking for alternative products.
The official website’s verification mechanism is weak
In addition to the labeling issue, the lawsuit accuses QR Joy Inc. of deliberately appealing to teenagers in its marketing. The prosecution alleges that Fume’s social media campaigns frequently featured vape use by young adults in group settings and promoted it in partnership with social media influencers popular with youth. Even though federal law explicitly prohibits the sale of vape products to people under 21. The lawsuit contends that the company is still circumventing regulations through advertising.
In addition, the age verification mechanism of the Fume website has also been questioned for loopholes. The plaintiffs claim that users simply click on the “age confirmation” pop-up on the page to enter the purchase process without any further authentication. Making it easy for underage users to purchase products online.
Risk of illegal seasoning products
The complaint also criticizes Fume’s wide range of flavored products, arguing that such flavors are significantly more appealing to younger users. The U.S. Food and Drug Administration (FDA) has not approved any flavored vape products, and such products are considered illegal sales under federal law and in several jurisdictions.
The plaintiffs seek to represent all U.S. consumers who purchase Fume vapes and are seeking claims for violations of consumer protection laws in New York and other states, as well as violations of warranty and unjust enrichment.
