Attorney General Ellison wins court order banning sales of vapes disguised as highlighters

Florida company High Light Vapes to stop doing business in Minnesota or pay $50K penalty in settlement of AG’s January 2025 lawsuit

Settlement comes soon after U.S. Supreme Court decision affirming FDA authority to protect youth from addictive vaping devices, as advocated by Attorney General Ellison

April 10, 2025 (SAINT PAUL)  — Minnesota Attorney General Ellison today announced that a Ramsey County court has entered an order that bans High Light Vapes, along with its owner and a related entity, from doing business in Minnesota. High Light Vapes agreed to the order as part of a settlement of Attorney General Ellison’s January 2025 lawsuit against the company. That lawsuit alleged that High Light Vapes engaged in e-sales of e-cigarette products that mimic highlighters and are designed to be easily concealable and usable by school-age children, violating state laws against deceptive tobacco marketing that appeal to children. If High Light Vapes re-enters the Minnesota market in violation of today’s court order, it will be subject to a $50,000 penalty and possible contempt sanctions.

“Businesses that look to sell dangerous and addictive e-cigarette products to Minnesota’s youth are on notice—don’t do it,” said Attorney General Ellison. “I will not tolerate selling vaping products to appeal to young people in Minnesota. And I will continue to use the tools afforded to my Office to stop deception, consumer fraud, and other unlawful practices and prevent a generation of younger Minnesotans from becoming hooked on nicotine.”

Lawsuit against High Light Vapes

In the lawsuit filed in Ramsey County District Court on January 16, 2025, Attorney General Ellison alleged that High Light intentionally advertised products as a “stealthy” and “disguise[d]” way to have “seamless and covert vaping in any setting,” due to their “striking resemblance to actual highlighters.” High Light’s e-cigarettes not only mimicked children’s school supplies but also came in a wide variety of “fruity, minty, or dessert flavors,” including Strawberry Cheesecake, Blueberry Raspberry, Sour Apple, and Magic Fruit. The Attorney General’s action alleged that High Light Vapes’ sales of these products violated Minnesota’s prohibitions on deceptive vape products, tobacco delivery sale requirements, and general consumer fraud laws.

A promotional photo for High Light Vapes, which illustrates how closely they mimic highlighters

Flavored disposable e-cigarette products are largely manufactured and imported illegally into the United States from China. Many of the companies who manufacture and distribute these products have declined to participate in the FDA’s tobacco product application process, and these products are considered adulterated and unlawful for sale. However, despite the fact that new e-cigarettes require FDA authorization, the U.S. market has been flooded with flavored disposable e-cigarettes, and the number of unique disposable products has gone up 1500% since 2020.

These products are designed to appeal to youth and are marketed to them. Despite containing dangerously high amounts of nicotine, disposable e-cigarettes come in a myriad of kid-friendly flavors, playful shapes, bright colors, and some even include video games that encourage young consumers to earn virtual coins by vaping. To date, these products are the most widely used tobacco product among youth, jeopardizing their health and well-being.

AG Ellison’s successful advocacy before the U.S. Supreme Court of FDA’s authority to regulate flavored e-cigarettes, protect public health

Notably, on April 2, 2025 the U.S. Supreme Court unanimously upheld actions that the Biden Administration FDA took to prevent companies from selling flavored e-cigarettes.

Last September, Attorney General Ellison joined a coalition of 19 state attorneys general in filing an amicus brief with the court, urging it to uphold the FDA’s actions and its authority to regulate flavored e-cigarettes and protect public health, which a lower court had struck down. In the brief, filed in FDA v. Wages & White Lion Investments, Attorney General Ellison and the coalition explained to the Court how e-cigarettes pose serious health risks, including pulmonary and cardiovascular disease. These risks are of special concern because high-nicotine, flavored devices are preferred by and highly attractive to youth, who then become addicted to nicotine.

Attorney General Ellison and the coalition also explained in their brief that the FDA’s role is essential, because while states can pass and enforce some laws to protect youth from harmful and addictive products, the flow of products from overseas and across state lines makes it very hard to prevent youth access to dangerous products.

With the Supreme Court’s unanimous decision, the FDA has clear authority to deny applications for flavored e-cigarettes and limit them from entering the market in Minnesota and other states. Attorney General Ellison now urges the Trump Administration to continue the FDA’s necessary enforcement efforts in light of the ruling: “While I am not optimistic that the Trump Administration will take action to address the vaping crisis, particularly in light of its dangerous cuts to the FDA, the I urge it to do so. The FDA has a unique and important duty to deny marketing applications for addictive vaping devices that are appealing to children, such as those that come in fruit, dessert, and other flavors. It should prioritize and take immediate action to clean up the national market of illegal and addictive products," Attorney General Ellison added.

Protecting Minnesota kids from illegal tobacco products

Today’s settlement and Attorney General Ellison’s advocacy before the U.S. Supreme Court are part of a longstanding effort to weed out harmful products and protect Minnesota’s kids.

In January, Attorney General Ellison also announced a civil investigation into Loon, a Minnesota-based manufacturer of several brands and flavors of e-cigarettes. As part of this investigation, the Attorney General’s Office served a civil investigative demand on Loon, which require the company to produce documents and answer questions under oath. The purpose of the investigation is to gather information to determine whether Loon may have violated Minnesota’s consumer protection and deceptive vaping laws.

On August 29, 2024, Attorney General Keith Ellison sent a letter to more than 5,000 tobacco distributors and retailers, asking them to stop distributing, marketing, and selling unauthorized and illegal flavored tobacco products in Minnesota. The letter warned that the sale tobacco products meant to appeal to youth may violate several Minnesota laws, including a new deceptive vapor law that prohibits the advertising, sale, or distribution of e-cigarettes that are described or depicted as imitating candy, desserts, or beverages that are commonly marketed to minors, that imitate school supplies, or that are based on or describe characters that appeal to minors.

The Attorney General has invited both industry and the public to report any instances of the marketing or sale of potential illegal e-cigarette or other tobacco products in Minnesota to the Attorney General’s Office in one of two ways: by emailing vaping@ag.state.mn.us or by completing the Illegal Vaping Products report form on the Attorney General’s website. These reports will help the Attorney General’s Office effectively monitor Minnesota’s marketplace and ensure businesses comply with Minnesota law.

The lawsuit against High Light Vapes and the settlement resolving it also follow upon Attorney General Ellison’s office’s successful litigation against JUUL Labs. In 2019, Attorney General Ellison sued JUUL for violating state consumer-protection and anti-nuisance laws and addicting new generation of Minesota children to nicotine. In 2023, Attorney General Ellison won a settlement with JUUL that was the largest of its kind per capita in the United States.

Free help quitting nicotine

People looking to quit nicotine are not alone. Free nicotine-cessation help is available to all Minnesotans.

For teens, the My Life, My Quit program offers free and confidential help to Minnesotans ages 13 to 17 trying to quit commercial tobacco and nicotine. Teens can text, call or chat online with a quit coach, and receive age-specific materials. Teens can text “Start My Quit” to 36072 or visit https://mn.mylifemyquit.org/en-us/.

For adults, Quit Partner is Minnesota’s family of programs for people who want to quit. It offers coaching calls, text and email support, as well as medication like nicotine patches, gum, or lozenges. Call 1-800-QUIT-NOW (784-8669) or visit https://quitpartnermn.com/.