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Vaping Retailer Slapped with $22.5 Million Default Judgment and Permanent Injunction

  • Arizona AG Mark Brnovich obtained a default judgment and a permanent injunction against e-cigarette retailer Eonsmoke, LLC for allegedly marketing vaping products to minors in violation of the Arizona Consumer Fraud Act.
  • The complaint alleged that, among other things, Eonsmoke sold vaping products to consumers and retailers across Arizona without the required FDA marketing authorization and that its products were illegally marketed to youths, including by using fruit and candy flavors favored by minors.
  • The default judgment awards $22.5 million to the state, including nearly $22 million in civil penalties, approximately $511,000 in disgorgement of profits, and $50,000 in attorneys’ fees and costs. The default judgment also permanently enjoins Eonsmoke from advertising on social media through posts that may be accessible to minors and marketing or selling in Arizona any nicotine products not approved by the FDA, among other things.