The Florida attorney general (AG) recently initiated legal proceedings against several Florida smoke shops, alleging violations of state law related to the sale and marketing of illegal nicotine products, particularly vapor products, to minors. The action targets multiple businesses, including 27 Smoke Shop Inc., A&A Smoke Shop LLC, Alami 9 LLC, Alami 10 LLC, Epic Novelty LLC, and Fuego Smoke Shop LLC. The complaint, filed in the Fifth Judicial Circuit, accuses these retailers of selling, shipping, or failing to remove from their inventory nicotine products that are classified as illegal contraband under Florida law, with a particular focus on products marketed to children.
Legal Basis for the AG’s Action
Florida’s Nicotine Dispensing Device Directory (Directory) law. The AG alleges that the smoke shops continued to sell or failed to remove from their inventory nicotine dispensing devices 60 days after they were listed on the Directory. Products are listed on the Directory if they have been deemed to be attractive to minors (i.e., if the nicotine dispensing device has features that are significantly appealing to minors as compared to the legitimate benefits those features offer to lawful product users). Retailers and wholesalers are required to remove any nicotine dispensing devices from their inventory within 60 days of those products being listed on the state’s Directory. Products remaining after this period are considered contraband.
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA). FDUTPA makes it unlawful to engage in unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce. Notably, a violation of the Directory law is deemed an unfair and deceptive trade practice actionable under FDUPTA that can only be enforced by the AG’s office.
In a press release, the AG stated “[t]hese shops were given clear directives and plenty of time to get right with the law. Now it’s time for accountability.”
Penalties Sought
The AG is seeking significant civil penalties, including:
- $10,000 per violation under FDUTPA.
- $15,000 per violation if the violation victimized a senior citizen, person with a disability, or was directed at a military servicemember or their family.
- $1,000 per banned nicotine dispensing device sold, shipped, or otherwise distributed after 60 days of being listed on the Directory.
Why It Matters
This case underscores the importance of strict compliance with state laws regulating tobacco and nicotine products. Florida retailers must monitor the Directory and promptly remove any listed products to avoid severe penalties.
This action also reflects growing concern over youth vaping and the proliferation of unregulated nicotine products. It signals a willingness by state authorities to use new tools like the Directory law in combination with established tools like FDUPTA to pursue aggressive enforcement against violators.