Attorney General James and New York State Department of Health Take Action to Shut Down Herkimer County Vape Shop

January 16, 2025

NEW YORK - New York Attorney General Letitia James and the New York State Department of Health (DOH) today announced a lawsuit against G Smoke 360 Corp. and Liberty Smokeland, two companies operating a vape shop in Ilion, Herkimer County, and their owners, Galal Kaid and Ali Al Shugaa, for persistently violating state laws by selling flavored e-cigarettes, including to minors, and operating without required licenses. The lawsuit, filed by Attorney General James in Herkimer County State Supreme Court, alleges a repeated pattern of illegal activity at the store, G Smoke/Liberty Smokeland (G Smoke), including the sale of illegal flavored vapes, persistent failure to verify the ages of customers and several additional violations of New York Public Health Law. Today's legal action is part of a coordinated multi-state effort with ten attorneys general across the nation to combat the continued distribution and sale of harmful and addictive flavored vapor products targeted at youth.

"Despite repeated enforcement actions and warnings, G Smoke has continued to flout state laws and sell harmful products to children, which is why we are taking action to shut their business down," said Attorney General Letitia James. "New York has zero tolerance for businesses that prioritize profit over public health, especially when they put our children's health at risk. My office is committed to holding bad actors accountable and protecting our youth from the dangers of nicotine addiction and predatory marketing practices. This lawsuit is a warning to all retailers: if you sell harmful products to our youth, you will face the full force of the law."

"Exposure to nicotine during adolescence can cause addiction and damage to the developing adolescent brain, lungs, and overall health," said State Health Commissioner Dr. James McDonald. "The Department of Health remains committed to decreasing vaping among young people through education and through our investigations like this. With partners like Attorney General Letitia James, we will hold those accountable who violate the laws made to protect our children."

A DOH investigation found repeated sales of flavored vapes to minors at G Smoke, including incidents where no proof of age was requested. In one case, a minor buyer was sold a strawberry mango-flavored vape even after stating they did not have ID. Inspections also revealed that flavored vapor products, including more than 5,700 packages, were openly displayed for sale on counters and in self-service bins in clear violation of public health laws.

It is illegal to sell flavored vapor products containing nicotine at retail stores in New York, and it is illegal to sell any vapor products to individuals under the age of 21. G Smoke sold vapor products without a valid license, which is also illegal.

Despite enforcement actions and significant fines, including a $285,700 penalty issued in January 2024, G Smoke has continued its illegal operations. Recent investigations, including in May and August of 2024, revealed that the store remains a hub for the illegal sale of flavored vapes marketed to youth.

With today's lawsuit, Attorney General James seeks to shut down G Smoke and permanently prohibit Kaid and Al Shugaa from selling vapor products by imposing a permanent industry ban. Attorney General James also seeks to recover fines, penalties, and all profits that G Smoke and its owners earned from their illegal activities.

The widespread availability of e-cigarettes and vapor products poses significant public health challenges, with particularly alarming consequences for youth. According to DOH and data from the U.S. Centers for Disease Control and Prevention (CDC), youth and young adults are the primary users of e-cigarettes, and e-cigarettes are the most commonly used tobacco product by high school students in New York State. Data from the 2022 New York Youth Tobacco Survey showed that 18.7 percent of high school youth use e-cigarettes. Flavorings in tobacco products make them even more appealing to youth. Nearly nine out of ten New York high school students who reported current use of e-cigarettes reported using flavors. Among high school students who currently vape, 24.2 percent reported buying e-cigarettes at a vape shop or another store. According to the CDC, youth use of tobacco products in any form is unsafe. 

This action is the latest in a series of measures Attorney General James has taken to tackle the ongoing youth nicotine epidemic and to protect the health and safety of New Yorkers since taking office. In April 2023, Attorney General James secured $462 million from Juul Manufacturers for its role in the youth vaping epidemic. In August 2021, Attorney General James co-led a bipartisan coalition calling on the FDA to regulate e-cigarettes and oral nicotine products. In December 2020, Attorney General James ordered dozens of retailers across the state to immediately stop selling e-cigarette products to underage customers and to stop selling flavored vaping products in violation of New York state law. Also in December 2020, Attorney General James held a roundtable with elected officials, students and parents on the subject of vaping among young people in New York state. In July 2020, Attorney General James cracked down on three online retailers that were illegally selling e-cigarettes online to consumers in New York, including minors. In April 2019, Attorney General James led a coalition of seven states in urging the Food and Drug Administration (FDA) to take stronger action in addressing the scourge of e-cigarette use among youths by taking proposed measures such as strengthening guidance, beginning enforcement earlier, and banning online sales of e-cigarettes. 

Attorney General James thanks Commissioner McDonald and DOH for their collaboration and partnership.

Joining Attorney General James in the ongoing effort to combat the youth vaping epidemic are the attorneys general of California, Connecticut, Hawaii, Illinois, Minnesota, New Jersey, Ohio, Vermont, and the District of Columbia.

This matter is being handled for OAG by Assistant Attorney General Joy Mele, along with Assistant Attorney General Ivan Navedo and Attorney General Fellow Charissa Kim, under the supervision of Health Care Deputy Bureau Chief Leslieann Cachola and Bureau Chief Darsana Srinivasan. The Health Care Bureau is part of the Division of Social Justice which is led by Chief Deputy Attorney General Meghan Faux and overseen by First Deputy Attorney General Jennifer Levy. 

Information about e-cigarettes can be found here.

The New York State Smokers' Quitsite can be found here.

Drop the Vape Materials can be ordered here.