City Attorney’s Office reaches $100,000 settlement with vape company
SAN DIEGO (FOX 5/KUSI) — The San Diego City Attorney’s Office reached a $100,000 settlement with Vapor Authority Inc., after alleging the retailer of illegally selling flavored tobacco products.
Per California law, retailers are prohibited from selling most flavored tobacco products, including vapes, e-cigarettes and tobacco product flavor enhancers. Concerned with youth e-cigarette usage, the City Attorney’s Office filed the lawsuit against the company in 2024.
As part of the settlement, Vapor Authority is also complying with an injunction prohibiting them from selling flavored tobacco products.
“E-cigarette use among youth remains a serious public health and safety concern,” City Attorney Heather Ferbert said.
The settlement comes after former San Diego City Attorney Mara Elliott began cracking down on more than a dozen vape stores who were alleged of violating California law in 2024.
In some instances, the City Attorney’s Office even utilized undercover investigators, posing as customers.
When investigating Vapor Authority, Elliot accused the retailer of targeting children with social media posts. Elliot referenced one post featuring a cereal box stating, “Vapor Authority Unicorn Fruit Loops” and another Halloween post that featured flavored vapes surrounded by candy.
“They have become so addicted to tobacco-sales profits that they openly target young people through advertisements on Instagram that feature Fruit Loops and Halloween candy,” Elliot said in a 2024 press release.
Flavored tobacco products tend to be more appealing to minors, according to the U.S. Centers for Disease and Control. Over a 30-day period, 88% of high school students and 85.7% of middle school students used e-cigarettes used flavored products.
“Nicotine is highly addictive, and flavored products are intentionally marketed to appeal to young users,” Ferbert added. “This settlement reflects our commitment to holding businesses accountable and protecting young people from harmful, illegal products.”
Currently, the U.S. Food and Drug Administration has not approved e-cigarettes as a method to help adults quit smoking. However, some studies suggest e-cigarettes with nicotine may help adults quit smoking more than e-cigarettes without it would, according to the CDC.
The Vapor Authority website features several customer testimonials that credit the retailer with helping them quit smoking.
“You played a huge part in my being able to successfully quit smoking,” one customer states. “That's huge for me considering that I've never even met anyone from Vapor Authority in person.”
The City Attorney’s Office states that the retailer will now comply with California Health and Safety Code 104559.5 and San Diego Municipal Code 42.1603 — laws that restrict the selling of flavored products.
“We will continue to safeguard the health of our community, especially our youth and take action against those who put profits over people,” Ferbert said.
