Fume Vape Brand Accused of Targeting Youth With Misleading Nicotine Labels

Case Overview: A class action claims Fume vape brand (QR Joy, Inc. and QR Joy Fume, LLC) deceptively marketed its nicotine products, especially to young people, by misrepresenting their potency and legality.

Consumers Affected: U.S. consumers who purchased Fume vapes.

Court: U.S. District Court for the Southern District of Florida, Fort Lauderdale Division

A vape company behind the popular “Fume” brand is facing a new lawsuit over claims it deceptively marketed its nicotine products, especially to young people, by misrepresenting their potency and legality.

Filed in New York federal court, the proposed class action accuses QR Joy, Inc. and its affiliate QR Joy Fume, LLC of intentionally using ambiguous “5% nicotine” labels on their disposable vapes to make the products seem less addictive than they actually are. 

The lawsuit claims the company’s packaging and ads downplay the health risks of its products, contributing to widespread addiction among young consumers.

The suit also alleges QR Joy skirted federal rules by selling flavored vapes that haven’t been authorized by the FDA, misleading consumers into thinking the products are legal in the U.S.

Youth Hooked by Flavors, Deceived by Packaging

Lead plaintiff Hayley Amiel says she became a regular user of Fume vapes between 2020 and 2023, drawn in by the wide variety of fruity and candy-inspired flavors like Mango, Rainbow Candy, and Strawberry Banana. 

She bought the vapes from convenience stores and smoke shops in New York and New Jersey, believing they were legal and lower in nicotine strength than cigarettes.

Like many other young consumers, Amiel assumed “5% nicotine” meant the vapes contained only a small amount of the addictive substance. In reality, the complaint argues, Fume vapes use nicotine salts—a formulation that delivers a much stronger hit than traditional tobacco and can be even more addictive than cigarettes.

Amiel is still trying to quit. She says the misleading marketing prevented her from making informed choices about her health and hopes the lawsuit leads to more transparent labeling.

Fume Accused of Skirting Federal Regulations

Fume has become a major player in the e-cigarette market, raking in $42 million in U.S. sales during just one quarter in 2023, according to the lawsuit. Much of its popularity, the lawsuit claims, comes from aggressive marketing toward young people, including sweet flavors and sleek product designs.

Despite federal law prohibiting the sale of e-cigarettes to anyone under 21, QR Joy allegedly failed to implement meaningful age checks for online sales. And while other brands like Vuse have received FDA authorization, Fume vapes are not approved for sale in the U.S., a detail the company reportedly doesn’t disclose to buyers.

Health experts have warned that labels like “5% nicotine” can be dangerously misleading. “It sounds like nothing, so teens think 95% is water or vapor,” said Dr. Sarper Taskiran of the Child Mind Institute. But in truth, 5% nicotine salt can deliver far more nicotine per puff than a cigarette.

Vape Industry Faces Growing Legal Challenges

QR Joy isn’t the only company under fire. A wave of lawsuits has recently targeted vape and cannabis brands for misleading consumers about potency.

In Illinois, multiple cannabis companies are being sued for allegedly labeling THC vape oils in a way that let customers buy far more than the legal limit. Meanwhile, a separate lawsuit accused Lifted Liquids of falsely advertising its delta-8 and delta-10 vapes as federally compliant, despite lab tests showing THC levels that exceeded the legal threshold.

Other big names in the cannabis and vape industry, like Verano, Cresco Labs, and Cannabist, are also facing legal scrutiny over labeling and product strength. Plaintiffs argue that as the market grows, so does the need for accurate information and stronger regulation.

In her lawsuit, Amiel wants to represent anyone in the US who bought a Fume vape. She is suing for violations of consumer protection law, breach of an implied warranty of merchantability, and unjust enrichment and seeks damages, injunctive relief, fees, costs, and interest.

Case Details

• Lawsuit: Amiel v. QR Joy, Inc. et al.
• Case Number: 0:25-cv-60710-XXXX
• Court: U.S. District Court for the Southern District of Florida, Fort Lauderdale Division 

Plaintiffs' Attorneys

• Kim E. Richman (Richman Law & Policy)
• Eric S. Medina (Medina Law Firm LLC)
• Christopher Leung (Leung Law PLLC)

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