Minnesota Attorney General Sues Loon Over Allegedly Illegal Flavored Vape Products
According to the Star Tribune and the Minnesota Attorney General’s Office. Minnesota Attorney General Keith Ellison filed a lawsuit on July 15, 2026, against Maduro Distributors, Inc., a company operating under the name “Loon.” The lawsuit alleges that Loon illegally manufactured, distributed, and sold flavored vape products that appeal to minors, with some products featuring flavors such as Cotton Candy, Blue Razz Slushy, and Banana Taffy reminiscent of candy and beverages.
Key Highlights
- Minnesota Attorney General Keith Ellison sued Maduro Distributors, Inc. (operating as Loon) on July 15, 2026.
- The lawsuit alleges that Loon sold flavored vapes such as Cotton Candy, Blue Razz Slushy, and Banana Taffy that appeal to minors.
- The lawsuit also claims that Loon marketed its products using characters or imagery such as Bowser, Frankenstein, and dragons.
- In 2024, Minnesota banned the sale of “misleading vape products,” including those that mimic candy, beverages, or school supplies, or that utilize characters familiar to children.
- The Attorney General’s Office stated that the FDA has never authorized Loon to sell its tobacco products.
- The FDA had previously taken regulatory action regarding vape products from Maduro Distributors (doing business as The Loon) in 2019 and 2021.
Minnesota Attorney General Files Lawsuit Against Loon
July 16, 2026. According to the Star Tribune. Minnesota Attorney General Keith Ellison is suing Loon, a Minnesota-based vape brand, alleging the sale of candy-flavored vape products that violate state law. The report notes that Minnesota banned “misleading vape products” in 2024, a category that includes vapes featuring flavors typically marketed to children.
A statement released by the Minnesota Attorney General’s Office on July 15 indicates that Ellison filed the lawsuit against Maduro Distributors, Inc., which operates as Loon in Ramsey County. In other words, “Loon” is the brand name involved, and Maduro Distributors, Inc. is the corporate entity named in the lawsuit. The suit alleges that Loon illegally manufactures, distributes, and sells flavored vape products that appeal to youth, and it seeks a permanent injunction as well as monetary relief.
Lawsuit Claims Loon Marketed Candy- and Beverage-Inspired Vape Flavors
The Attorney General’s Office stated that the products sold by Loon include nicotine vapes with flavors such as Cotton Candy, Strawberry Popsicle, Banana Taffy, and Blue Razz Slushy. Ellison stated that he filed the lawsuit to halt the distribution and sale of Loon vapes in Minnesota.
The Attorney General’s Office further alleged that Loon’s products utilize candy, beverage, and dessert themes, as well as characters and imagery likely to appeal to minors. Examples cited by the office include product names and marketing elements such as Cotton Candy, Banana Taffy, Berry Lemon Bubble Gum, and Pomegranate Lemon Drop, alongside names that mimic established brands such as “Mountain Dude” (mimicking Mountain Dew), “Bad Bull” (mimicking Red Bull), and “Orange Fantasie” (mimicking Fanta).
Regarding characters and imagery, the lawsuit documents state that Loon employed elements likely to appeal to minors such as Bowser, Frankenstein, and dragons and noted that a “Purple Blitz” product appeared to reference imagery associated with the Minnesota Vikings. The Attorney General’s Office also alleged that Loon used packaging and descriptions in both English and Spanish that highlighted candy, soda, dessert, characters, and other elements attractive to young people.
Minnesota’s 2024 Ban on Misleading Vape Products Explained
The lawsuit is based in part on a ban regarding “misleading vape products” enacted by Minnesota in 2024. Minnesota Statute § 325F.7821 prohibits any individual or entity from marketing, promoting, labeling, branding, advertising, distributing, offering for sale, or selling vape products in a manner that imitates non-vape products. The regulations prohibit products that: mimic foods or food brands typically marketed to minors (such as candy, desserts, and beverages); mimic school supplies commonly used by minors (such as erasers, highlighters, pens, and pencils); or are based on or depict characters, figures, or symbols known to appeal to minors, including celebrities, characters from comic books, movies, TV shows, or video games, as well as mythical creatures.
The Minnesota Attorney General’s Office stated that several products sold by Loon “clearly violate” the state’s laws regarding misleading vape products. CBS Minnesota also reported that the 2024 Minnesota legislature banned the sale of such products in the state, specifically targeting vape products that use names associated with foods, beverages, desserts, or candies, or that feature characters, figures, or symbols known to appeal to minors.
Attorney General Challenges Loon’s FDA Authorization Claims
In addition to issues regarding product marketing, the lawsuit challenges Loon’s statements concerning its FDA regulatory status.
The Minnesota Attorney General’s Office stated that Loon had claimed its products were “accepted for PMTA approval from the FDA.” The office noted that a PMTA (Premarket Tobacco Product Application) is a submission made by tobacco manufacturers seeking FDA marketing authorization; however, the FDA has never authorized Loon to sell its tobacco products.
There is a crucial distinction in this context. Having a PMTA accepted, filed, or entered into the review process by the FDA is not equivalent to receiving a Marketing Grant Order (MGO). In the U.S., new tobacco products must obtain FDA premarket authorization to be legally marketed and sold; a pending application alone does not mean the product has been approved for sale.
FDA Previously Took Enforcement Action Against Maduro Distributors
Public regulatory records indicate that this is not the first time Maduro Distributors (doing business as “The Loon”) has drawn the attention of regulators. In 2019, the FDA sent a letter to Maduro stating that the company might be manufacturing new finished tobacco products including “Loon Pods” and the “Loon Pod Starter Kit” without premarket authorization and requested information regarding the launch dates and authorization basis for these products.
In 2021, the FDA issued a warning letter to Maduro Distributors (d/b/a The Loon). The FDA stated that, following a review of the Loon website, it determined that certain electronic nicotine delivery system (ENDS) products listed there were being manufactured and offered for sale or distribution in the United States. The FDA further noted that products such as “Loon 300 – Pink Lemonade” and “Loon Bullet Bubble Gum” lacked FDA marketing authorization orders and did not qualify for exemptions from premarket authorization requirements.
In the warning letter, the FDA also indicated that Maduro Distributors is a registered manufacturer that has listed over 200 products with the agency. Although the FDA received a Premarket Tobacco Product Application (PMTA) from the company on September 8, 2020, covering 18 products, the company continued to manufacture and sell new tobacco products that were not included in that PMTA and lacked marketing authorization.
These records indicate that the Maduro and Loon brands had previously come under FDA scrutiny regarding unauthorized vape products. The lawsuit filed by the Minnesota Attorney General shifts the focus to state-level laws concerning consumer protection, the protection of minors, and misleading vape products.
Brand Owner and Distributor Face Growing State-Level Regulatory Pressure
The Minnesota Attorney General’s Office stated that the defendant in the lawsuit is Maduro Distributors, Inc., a company operating under the Loon name. Public trademark records show that Maduro has recently applied for multiple LOON-related trademarks covering categories such as vapes, e-liquids, and certain oral nicotine or tobacco pouches.
Neither the lawsuit nor public reports have disclosed the specific manufacturers or OEM sources of Loon products. While the Minnesota Attorney General’s Office noted in its announcement that a large volume of flavored disposable vapes are imported from China and sold through convenience stores, gas stations, and tobacco shops, it did not identify the specific manufacturing companies behind Loon products.
This case demonstrates that Minnesota’s enforcement action targets the brand operator and distributor based in the U.S. For state law enforcement agencies, the responsibilities held by brand owners, importers, and distributors regarding product marketing, packaging, retail channels, and compliance claims are becoming a key focus of vape regulation.
Ellison Previously Warned Retailers and Opened a Civil Investigation
This lawsuit is not Minnesota’s first action regarding these products. The Attorney General’s Office stated that in August 2024, Ellison sent letters to over 5,000 tobacco distributors and retailers, demanding they cease the distribution, marketing, and sale of unauthorized and illegal flavored tobacco products, including those from Loon, in Minnesota.
The letters noted that under federal law, new tobacco products, whether containing tobacco-derived or synthetic nicotine, must receive premarket authorization from the FDA to be legally sold in the United States. The Attorney General’s Office also warned that selling or distributing unauthorized and illegal tobacco products could violate Minnesota consumer protection laws and the 2024 ban on misleading vape products.
In January 2025, Ellison’s office announced a civil investigation into Loon to determine if the company had violated Minnesota laws regarding deceptive vape practices and consumer protection. The Attorney General’s Office stated that despite prior warnings, Loon continued to sell dozens of vape products that violated Minnesota law.
Minnesota Expands Enforcement Against Youth-Oriented Vape Marketing
In recent years, Minnesota has consistently strengthened regulations regarding youth nicotine use and vape marketing. The Attorney General’s Office noted that the state raised the minimum age for purchasing tobacco products from 18 to 21 in 2020 and enacted a ban on misleading vape products in 2024.
CBS Minnesota reported that the state previously sued Juul in 2019, alleging violations of consumer protection laws and the marketing of nicotine products to children. The state subsequently secured a $60.5 million settlement, which was allocated to youth smoking and vaping cessation programs.
What the Loon Lawsuit Means for Vape Brands and Distributors
This lawsuit against Loon demonstrates that state-level enforcement in the U.S. is increasingly focusing on domestic brand operators, importers, and distributors. Unlike the FDA, which prioritizes premarket authorization, import compliance, and federal tobacco regulations, state attorneys general can take action against local businesses and distribution networks by leveraging consumer protection laws, rules protecting minors, and state-level restrictions on vape packaging.
For the industry, this signifies that the pressure of U.S. vape regulation is extending beyond the question of whether a product has received FDA authorization to encompass the entities that own the brand, import the products, organize distribution, and sell through retail channels within the United States. With flavored vapes, candy-like packaging, and products appealing to minors serving as key enforcement priorities, domestic U.S. brands and distributors may face more direct legal risks at the state level.
