Additional Information for Kandypens, Inc.

On October 31, 2018 Los Angeles City Attorney Mike Feuer's office announced that the office was seeking injunctions against several electronic cigarette companies including Kandypens Inc., alleging the illegal sale of vaping products online without proper age verification, the sale of tobacco products without federal approval and marketing that promotes youth consumption of tobacco. Details of the complaint can be viewed here.

The lawsuit alleges similar unfair business practices including selling tobacco products and e-cigarette devices without FDA premarket approval, failing to provide all required health warnings, and failing to properly label products for nicotine levels.  

According to the announcement, Kandypens allegedly targets young consumers with social media marketing on YouTube and Instagram – the most popular platforms among teens – including through product placement in popular online music videos that glamorize vaping, active posts on its Instagram account, and paid endorsements by social media influencers. Despite readily available "age gating" options, Kandypens allegedly does not restrict access to its social media advertisements to persons 21 and over, and does not include federally mandated health warnings about the addictiveness of nicotine on any of its advertisements.

City Attorney investigators were again able to purchase e-cigarette items from the Kandypens website while posing as teen customers using a fake email account and a prepaid gift card. At no time did the company ask for a date of birth or otherwise verify the age of the customer, in direct violation of California law.     

The lawsuits seek injunctions prohibiting each company from selling vaping products over the internet without the use of appropriate age verification procedures, selling new tobacco products without FDA approval, failing to use child resistant packaging, and targeting youth in their marketing activities.

On September 20, 2019 Mr. Feuer's office announced that a settlement agreement had been reached with some of the companies named however his office remains involved in active litigation against Kandypens.

This case is pending.