(LOS ANGELES) – Today, City Attorney Hydee Feldstein Soto announced that her office has settled its lawsuit against the owners of a California tobacco retail chain and an e-commerce site accused of selling flavored tobacco products - and selling tobacco to minors - in violation of State and City law. The nine locations in the City do business as Purple Haze Smoke Shop, are close to schools, and comprise the largest “exclusive tobacco retailer” in the City.
In addition to $350,000 in civil penalties, the settlement includes injunctive provisions for the Defendants for four years, including not selling flavored tobacco products in the State or City, not selling tobacco products to anyone who looks younger than 21 years of age without checking identification, and surrendering all flavored tobacco products in their possession.
“Whether you are a large tobacco empire with stores across our State or a local mom and pop brick and mortar, my office will enforce the law to protect public health, particularly when it comes to minors,” said Hydee Feldstein Soto, Los Angeles City Attorney. “The defendants had multiple opportunities to comply with our laws and failed to do so. Laws regulating the sale of tobacco products, including flavors and vapes, were enacted for a reason, and we will take action against those who violate them.”
In 2022, California banned the sale of flavored tobacco products, including e-cigarettes and vapes, and a similar ban in Los Angeles took effect the following year. Since 2016, California has prohibited the sale of any tobacco product, flavored or unflavored, to those under 21 years old.
Feldstein Soto alleges that Defendants John Carpentieri, Weird Willie’s II (doing business as Purple Haze Smoke Shop and Wild Side Smoke Shop), and JNC E-Commerce Inc. (doing business as Quick Vapes) (collectively “Defendants”) sold flavored tobacco to CA. and LA residents in violation of state and local law. Defendants also allegedly sold flavored tobacco products to people under the age of 21. At least nine Purple Haze Smoke Shops are located in Los Angeles near elementary, middle and/or high schools.
Under the Los Angeles Municipal Code (“LAMC”), tobacco products may only be sold at locations that have been issued a City tobacco permit and the online sale of tobacco products is prohibited. Effective Jan. 1, 2023, the LAMC made it unlawful, beyond limited exceptions, to sell or possess with the intent to sell any flavored tobacco product. The California Health & Safety Code also makes it illegal to sell flavored tobacco products. Further, the California Penal Code makes it a crime for any person or corporation to knowingly sell tobacco and tobacco products, including e-cigarettes and vapes, to those under 21 years of age. Under the STAKE Act, the Stop Tobacco Access to Kids Enforcement Act, retailers are required to check the ID if those buying appear to be under 21.
Feldstein Soto encourages city-based tobacco retailers to visit the Tobacco Enforcement Operations (“TEO”) webpage to ensure compliance with tobacco-related laws. The enforcement activities underpinning the suit, managed by TEO, were funded by California’s Prop 56 Tobacco Law Enforcement Grant Program (“Program”). Administered by the Office of the Attorney General, this program funds initiatives that aim to promote a healthier California by reducing illegal retail sales and marketing of cigarettes and tobacco products, including e-cigarettes, to minors. Since its inception in 2017, the program has awarded approximately $16.4 million in grant funding to the Los Angeles City Attorney’s Office.
This lawsuit, brought pursuant to the authority granted under the California Business and Professions Code, was managed by the City Attorney’s Public Rights Branch.
Civil case #24STCV11322: Stipulation for Entry of Consent Judgment
The People of the State of California v. John N. Carpentieri, an individual, Weird Willie’s II, a California corporation, JNC E-Commerce Inc., a California corporation
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Hydee Feldstein Soto is the 43rd Los Angeles City Attorney, elected in November 2022 and sworn into office in December 2022. Her team of nearly 1,000 legal professionals, including 500+ attorneys, carries out legal work for the City of Los Angeles at her direction and under her supervision. She is the first female City Attorney in L.A. history.