Fume Lawsuit Claims Vapes Are Misleadingly Marketed Toward Young People, Contain Deceptive Nicotine Labels

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A proposed class action lawsuit alleges Fume vapes are misleadingly marketed toward young people and include ambiguous labels that cause consumers to underestimate the nicotine strength of the products.

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The 44-page lawsuit accuses defendant QR Joy, Inc. of intentionally targeting young people with its advertising for Fume products, even though it is illegal to sell vapes to anyone under 21.

According to the case, the defendant attracts young buyers by offering Fume vapes in sweet, fruity flavors, such as apple Skittles, gummy bears and cotton candy. The company’s youth-targeted marketing strategy also includes maintaining an active social media presence, partnering with celebrities whose demographics skew young, and releasing advertisements that depict young people using Fume vapes in social settings and appearing confident, the complaint relays.

However, the case alleges QR Joy fails to take meaningful steps to curb underage use of its electronic cigarettes and vapes. In fact, the filing says young consumers can easily purchase Fume vapes online since the brand’s website lacks meaningful age verification measures.

“Although QR Joy displays messages on its website stating that the product is intended for individuals aged 21 and over, this does not serve as a meaningful restriction to underage use,” the suit contends.

The lawsuit also argues that Fume vapes are deceptively labeled as containing “5% nicotine,” or labeled simply “5%,” without further explanation. Per the case, these “intentionally ambiguous” labels wrongly suggest that Fume products contain low nicotine levels. In reality, the filing relays, studies indicate that nicotine salt e-cigarettes at this concentration deliver significantly more nicotine per puff than traditional combustible cigarettes.

By comparison, the European Union’s Tobacco Products Directive limits nicotine concentration in e-cigarettes to two percent due to the health risks associated with high nicotine intake, the case shares.

“The percentage-based nicotine labels are misleading to consumers because they fail to clearly convey the actual strength or physiological effects of the nicotine,” the suit charges. “[QR Joy] exploit[s] this ambiguity to foster nicotine dependency, thereby driving increased sales.”

The case additionally alleges the defendant illegally markets and sells Fume e-cigarettes in the United States without authorization from the U.S. Food and Drug Administration.

The Fume lawsuit was filed by a young New York consumer who says she bought the products at issue at least weekly between 2020 and 2023. The plaintiff claims she was enticed by the variety of flavors Fume offered and believed the vapes were less addictive than they actually were due to their “5%” labels.

“Like so many young people, she became hooked on these products without knowing their dangers,” the case asserts. “Because of QR Joy’s deceptive marketing, she became a consumer without fully comprehending that she was beginning an addictive habit.”

The lawsuit looks to represent all consumers who purchased Fume vapes in the United States during the applicable statute of limitations period.

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