About the Fume E-Cigarettes Mislabeling Class Action Lawsuit
The rise in popularity of flavored e-cigarettes like JUUL, Vuse, and NJOY has fueled countless competitors to break into the industry, sometimes harming customers in the process.
Vapes can be a useful tool for smokers trying to quit, but the products are increasingly being marketed to and used by never-smokers—especially young people.
A 2025 lawsuit claims that, in the pursuit of profits, QR Joy Inc. and QR Joy Fume LLC (the makers of Fume e-cigarettes) violated multiple laws by:
- Heavily marketing their products to young people,
- Using misleading product labels,
- Failing to implement age restrictions on their website, and
- Selling products without FDA approval.
If successful, the class action suit could provide affected US consumers with compensation and deter other vape companies from walking in Fume’s path.
Vape Marketing to Minors and Young People
QR Joy’s alleged actions have lasting effects for young consumers across the US—including Hayley Amiel, the lead plaintiff of the class action complaint.
When Amiel started using Fume e-cigarettes in 2020, she was initially attracted to the sleek packaging and variety of enticing flavors, including cotton candy, gummy bears, piña colada, and bubble gum.
QR Joy’s flavor choices may not have been incidental. The Fume vape lawsuit cites research showing that, out of middle and high school students who use e-cigarettes, 87.6% opt for flavored products. Many of Fume’s 48 flavors are fruity and dessert-based, which particularly appeal to teens and twenty-somethings.
The class action also calls QR Joy’s marketing tactics into question. Fume advertisements often depict the bright-colored vapes being used by attractive, confident young people in alluring social situations. The company also maintains an active social media presence on youth-dominated platforms, including TikTok and Instagram.
Even more blatantly, Fume is known to collaborate with popular influencers and celebrities. QR Joy produced co-branded Fume vapes with reggaeton artist Nicky Jam and Latin music star Yailin La Más Viral, both of whom have young fanbases. These and similar campaigns are heavily advertised and promoted on Fume’s social media.
The youth-targeted vape marketing lawsuit claims Fume’s advertising tactics are predatory, intentionally drawing in minors and young people and getting them hooked on the highly addictive product.

Allegedly Misleading Nicotine Labels Give False Reassurance
Lead Plaintiff Hayley Amiel was also disarmed by Fume vapes’ “5% Nicotine” label—a major focus of the class action lawsuit. She assumed the seemingly low nicotine content meant that the e-cigarettes were safe to use without the risk of addiction. The truth about Fume's nicotine content is much more complicated.
Many consumers believe the 5% nicotine misleading label means only 5% of the Fume e-liquid is nicotine and the rest is harmless vapor. In reality, the label refers to nicotine concentration, which is measured in weight of nicotine per volume of e-liquid. If the labels are correct, this means 50 mg of nicotine is present in each mL of Fume e-liquid—a much higher concentration than found in traditional cigarettes.
Further, unlike combustible cigarettes and traditional tobacco products, Fume vapes use nicotine salts. According to the lawsuit, nicotine salts are more easily inhaled and more readily absorbed into the bloodstream. These characteristics make nicotine salt e-cigarettes much more potent—and addictive—than traditional cigarettes.
Again, critics say this decision was no accident. The Fume vapes class action accuses QR Joy of deliberately designing ambiguous labels to confuse consumers, promote Fume e-cigarette addiction, and increase profits.
Breaking the Law?: Age Restriction Failure and FDA Vape Regulation Violations
Federal US regulations require individuals to be 21 years or older to purchase tobacco products, including flavored e-cigarettes like Fume. So why did QR Joy seemingly market the products to minors—and how were they able to purchase them?
A major reason, the lawsuit says, was QR Joy’s failure to implement functional age restrictions on the Fume website. Though a website banner asked users to confirm their age of 21 and up to purchase products, it required no verification. Minors could easily lie about their ages to bypass the banner and order Fume vapes online.
Even more egregious is the lawsuit's allegation that flavored Fume e-cigarettes are not legal for sale to US customers at all—regardless of age. Amiel's complaint outlines that companies are barred from selling flavored vapes without approval from the Food and Drug Administration (FDA), and that QR Joy obtained no such FDA approval for Fume e-cigs—yet, despite this, continually marketed and sold its products to US customers.
The lawsuit asserts that thousands of Americans purchased Fume vapes under the guise that they were buying safe and legal products—when they are actually federally banned.
What’s Ahead for the Fume Vape Lawsuit—And Former Customers
As the lawsuit progresses through the court, a class may be certified, allowing eligible Fume customers to be part of the class represented by Amiel. The goal is for the suit to encompass all US individuals who purchased a Fume e-cigarette.
If the Fume lawsuit results in a settlement or favorable trial verdict, qualifying class members may be entitled to financial compensation (potentially including refunds for purchases, damages for deceptive marketing, possible punitive damages, and more). For the many Fume vape users who struggle with nicotine addiction as a result of QR Joy’s actions, payouts may also be used for addiction treatment costs and other physical and mental health expenses.
Some Fume customers, like Lead Plaintiff Hayley Amiel, may have a long road to recovery, but many hope the QR Joy vaping lawsuit will bring justice to those who were harmed—and protect young people in the future.
Frequently Asked Questions (FAQ)
The lawsuit accuses QR Joy, Inc. and QR Joy Fume LLC (the makers of Fume e-cigarettes) of misleading labeling, aggressively marketing to young people, and selling flavored vapes to US customers without FDA approval.
The lawsuit accuses QR Joy of implementing a variety of methods to get young people hooked on Fume vapes. First, the company may have knowingly designed its e-cigarettes to include sweet flavors that are enticing to minors. Second, Fume advertisements almost exclusively depict young people using the products, and the company maintains a pervasive presence on social media platforms like Instagram and TikTok. Fume also frequently collaborates with celebrities and influencers popular with young people. Next, the products feature ambiguous “5% nicotine” labels, making them appear harmless to minors. Finally, QR Joy neglected to secure the Fume website with meaningful age restrictions—allowing minors to purchase the flavored vapes online.
Fume’s ambiguous labels may mislead consumers into thinking the vapes have a low addiction risk. To an unknowing consumer, “5% nicotine” may appear to mean that the product is made of 95% harmless ingredients and only 5% nicotine. It actually refers to the nicotine concentration (50 mg nicotine salts per 1 mL of Fume e-liquid) and adds up to a much greater amount than found in combustible cigarettes. Additionally, Fume vapes use nicotine salts, which are more easily inhaled and absorbed into the bloodstream than the form of nicotine found in traditional tobacco products.
Fume vapes are not legal for sale in the US because they lack FDA approval, which is required for all flavored e-cigarettes in the country.
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