Oregon Attorney General John Kroger on Tuesday filed a lawsuit against Smoking Everywhere, alleging that the Florida-based “electronic cigarette” company made false health claims about its nicotine delivery device and targeted children with sweet flavors such as bubblegum, chocolate and cookies ‘n’ cream.
Electronic cigarettes are not approved by the U.S. Food and Drug Administration and some contain known carcinogens.
Oregon’s lawsuit alleges that Smoking Everywhere has marketed e-cigarettes as safe in general and safer than conventional cigarettes, alleging the company possesses no scientific evidence to support such claims.
Oregon’s lawsuit also alleges that Smoking Everywhere’s promotional efforts target adolescents and youths who may not already be addicted to nicotine. Although Smoking Everywhere claims e-cigarettes are “intended for use by adult smokers,” the lawsuit alleges that advertisements are designed to attract young people.
Oregon is the only state that has taken legal action against e-cigarette importers and retailers. Oregon recently reached legal settlements with three retailers prohibiting them from selling e-cigarettes in the state until they meet state and federal standards. Oregon also reached an agreement with another e-cigarette company, Sottera Inc., the national distributor of NJOY, which prohibits it from doing business in Oregon until local and national standards are met.
Smoking Everywhere refused a similar settlement offer.