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AG Brnovich obtains $22.5 million judgment and injunction against Eonsmoke

Christian Fernsby ▼ | August 11, 2020
Attorney General Mark Brnovich announced that the Arizona Attorney General's Office (AGO) obtained a $22.5 million judgment and a permanent injunction against vaping peddler Eonsmoke, LLC.
Attorney General Mark Brnovich
Judgment   Attorney General Mark Brnovich
The Consumer Protection Section of the AGO filed a consumer fraud lawsuit in January 2020 to stop Eonsmoke from selling illegal vaping products and targeting youth in Arizona. In October 2019, the FDA informed Eonsmoke that it was manufacturing and selling 96 illegal products that did not receive proper FDA approval.

Topics: Eonsmoke

Illegal Eonsmoke products, however, continued to be available for sale in retail locations and online to Arizona consumers (including when the AGO filed its lawsuit against the company in January 2020). Even more egregious, Eonsmoke engaged in marketing tactics that targeted underage consumers in Arizona.

In February 2020, the Superior Court granted the State’s preliminary injunction request, ordering Eonsmoke to immediately cease the sales of illegal vaping products. In the wake of this ruling, the AGO's Tobacco Enforcement Unit sent over 4,880 letters to retailers informing them that they were facilitating the sale of illegal vaping products.

On July 27, 2020, the Court issued a final judgment against Eonsmoke. The judgment:

- Permanently enjoins Eonsmoke from: advertising, marketing, or selling any illegal products in Arizona; marketing, appealing to, or targeting underage consumers in Arizona; and providing any products to underage consumers in Arizona or distributing products to retailers with three or more violations of the underage sales statutes.

- Awards the State a total judgment of $22,535,136:
--$21,974,000 in civil penalties
--$511,136 in disgorgement of revenues, and
--$50,000 in attorneys’ fees.