The city of San Francisco has filed suit against makers and sellers of vaping products, saying they are using online sales platforms to "flout" city ordinances prohibiting the sale of such products within San Francisco.
The suit was filed by City Attorney David Chiu, suing in the name of the people of California and of San Francisco. Defendants include Millennial One, Inc., Gashiro Technology LLC, DaSmokey LLC, and other unidentified entities.
The complaint alleges that flavored e-cigarettes are enticing a new generation into nicotine addiction, thereby jeopardizing years of progress in curbing youth tobacco use. According to data from 2023, 2.8 million U.S. middle and high school students reported using e-cigarettes, with a significant majority opting for flavored products.
The lawsuit asserts San Francisco, among other governments, have taken steps to outlaw sales of such products, particularly to minors, in part by banning the sale of such products within the city. However, the lawsuit claims the defendant companies have continued to sell their products within San Francisco by allowing customers to purchase the products online.
The city is seeking a court order blocking the companies from continuing to sell their products to San Francisco residents online, and civil penalties of up to $3,500 per violation for alleged violations of San Francisco's city business and health codes.