Minnesota AG suing e-cigarette manufacturer Loon for selling flavored vapes that appeal to minors

Minnesota Attorney General Keith Ellison is suing an e-cigarette manufacturer for illegally selling flavored vapes that he says appeal to minors.

Ellison filed the lawsuit against Maduro Distributors Inc., doing business as Loon, in Ramsey County on Wednesday. The lawsuit accuses Loon of using "kid-friendly characters" to promote its vapes in flavors such as Cotton Candy, Strawberry Popsicle, Banana Taffy and Blue Razz Slushy.

Ellison says his office sent a warning letter to Loon in August 2024, requesting that it stop selling flavored tobacco products, before launching an investigation into the company in January last year for violating Minnesota's deceptive vaping and consumer protection laws.

"I have no tolerance for corporations that prey on young people to turn a profit, from big tobacco to big tech and beyond," Ellison said. "As long as I am Attorney General of Minnesota, this office will fight to protect young people across our state."

The lawsuit also alleges Loon represented to the public that its products were "accepted for approval" by the FDA, despite none of its products being accepted, approved or authorized for sale by federal regulators. Ellison argues the average consumer would believe, based on Loon's "accepted for PTMA approval from the FDA" labeling, that the products had been accepted and certified as safe for use by health and safety regulators, which is untrue.

WCCO reached out to Maduro Distributors for comment but has not yet heard back.

The attorney general is seeking a permanent injunction against Loon, civil penalties up to $25,000 per violation, restitution and/or disgorgement and recovery of his office's attorneys' fees in connection with the investigation and litigation.

In 2024, the Minnesota Legislature prohibited the sale of "deceptive vapor products" in the state, including e-cigarettes that depict or use the terms for food, beverage, dessert or candy commonly marketed to youth, as well as products depicting a character, personality or symbol known to minors.  

Minnesota became the first state to take e-cigarette giant Juul to trial when, in 2019, Ellison filed a lawsuit against the company for violating several of Minnesota's consumer protection laws and marketing nicotine to children. Minnesota received a historic $60.5 million settlement in that lawsuit, the funds of which were put toward smoking and vaping cessation programs for youth.