FLORIDA — A New York woman has filed a proposed class action in federal court, accusing QR Joy Inc., the Florida-based maker of Fume vaping products, of deceptive labeling and unlawful marketing practices aimed at youth. The lawsuit claims the company misleads consumers by branding its vapes as containing “5% nicotine,” without context—masking the product’s true potency.

Plaintiff Hayley Amiel filed suit Friday in the U.S. District Court for the Southern District of Florida, alleging that the Fume vape’s nicotine strength is significantly higher than that of a typical combustible cigarette, despite branding that suggests otherwise.

The Fume vape lawsuit highlights public health risks associated with the high absorption rate of nicotine salts, the form of nicotine used in Fume products. The complaint cites scientific research showing that even a 3% nicotine salt concentration mirrors the strength of a cigarette—making Fume’s 5% label especially misleading to consumers, particularly those seeking a safer alternative or trying to quit smoking.

Marketing to Teens and Regulatory Violations Alleged

Amiel further claims that QR Joy is deliberately courting youth demographics through its marketing. The suit points to social media content featuring young adults vaping in group settings and influencer partnerships popular among teens—despite federal law prohibiting vape sales to individuals under 21.

The Fume website’s age verification process was also called into question, with Amiel alleging that users are only required to click a confirmation banner with no further checks, making it easy for underage users to buy vapes online.

In addition, the lawsuit criticizes the company’s extensive lineup of flavored vape options, which Amiel says disproportionately appeal to younger users. The U.S. Food and Drug Administration (FDA) has not approved flavored vape products, and in many jurisdictions—including under federal law—such products are considered contraband.

Consumer Claims and Legal Representation

Amiel seeks to represent all U.S. consumers who purchased Fume vapes and is pursuing claims for violations of New York and other states' consumer protection laws, as well as breach of warranty and unjust enrichment.

The case is Amiel v. QR Joy Inc. et al., case number 0:25-cv-6710, in the U.S. District Court for the Southern District of Florida.

Amiel is represented by Kim E. Richman of Richman Law and Policy, Christopher Leung of Leung Law PLLC, and Eric S. Medina of Medina Law Firm LLC. Counsel for QR Joy was not listed as of Monday, and representatives for both sides did not immediately respond to requests for comment.