The United States Law Week

Vaping Cos. Must Face North Carolina Claims in State Court

Nov. 8, 2019, 3:12 PM

Electronic cigarette companies VapeCo, Eonsmoke, Juice Man, and Tinted Brew will have to defend claims that they engaged in unfair and deceptive trade practices by marketing their products to children in state court, the Middle District of North Carolina ruled.

The companies failed to show that federal law preempts the state-law claims, the court said Nov. 7.

North Carolina sued the e-cigarette companies and four others under the state’s Unfair or Deceptive Trade Practices Act in August 2019.

They removed the claims to federal court, arguing that they were preempted by the federal Family Smoking Prevention and Tobacco Control Act....

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