Attorney General James Takes Action to Shut Down Otsego County Vape Shop

NEW YORK – New York Attorney General Letitia James and the New York State Department of Health (DOH) today filed a lawsuit to shut down Otsego County smoke shop Royalty Tobacco and permanently ban its owners from selling vapor products (vapes) in New York. In the lawsuit, Attorney General James alleges that store owners Eysa Sharhan and Ahmed Mozeb have repeatedly violated New York’s public health laws by illegally selling vapes to children and teens, and for continuing to sell illegal flavored vapes despite a statewide ban. The duo has also repeatedly taken extreme action to evade state enforcement, twice opening new businesses under different names after their license was revoked.

“Despite repeated warnings, fines, and license revocations, these business owners have continued to ignore the law and endanger young New Yorkers’ health,” said Attorney General James. “Our children’s health and safety are nonnegotiable. My office will not allow bad actors to put profits over people. We are taking action to shut down this store and ban its owners from the vape industry once and for all.”

“The widespread availability of e-cigarettes and vapor products poses significant public health challenges, with particularly alarming consequences for adolescents such as addiction and damage to the developing adolescent brain, lungs and overall health," said State Health Commissioner Dr. James McDonald. "The Department of Health remains committed to decreasing vaping among young people through education and through our investigations like this. With partners like Attorney General Letitia James, we will hold those accountable who violate the laws made to protect our children."

A multi-year investigation led by DOH uncovered a pattern of illegal sales at Sharhan’s and Mozeb’s businesses, all of which were located in Oneonta, New York:

• Pop-In Smoke & Vape was caught selling thousands of flavored vapes and making repeated sales to underage customers. After multiple administrative rulings, the Department of Taxation and Finance (DTF) permanently revoked the store’s tobacco and vapor product licenses in January 2023.
  
   
• Pufftopia, opened by Sharhan and Mozeb at the same location as Pop-In Smoke shortly after Pop-In Smoke lost its licenses, was sealed and shut down by the Office of Cannabis Management (OCM) and DTF in November 2024 for illegally selling cannabis.
  
   
• Royalty Tobacco, which opened just a mile away in late 2024, remains open and has continued selling flavored vapes to adults and minors despite state citations. Inspections as recently as September 2025 found hundreds of flavored vapes available for sale to underage buyers.

Under New York law, the retail sale of flavored vapor products with nicotine is strictly prohibited, and no person may sell any nicotine product to individuals under 21. All three stores sold flavored vapes, without valid licenses and to minors, in violation of state public health and tax laws. Over the last three years, DOH has issued numerous administrative decisions and more than $195,000 in fines against Sharhan’s and Mozeb’s illegal smoke shops.

With today’s lawsuit, Attorney General James seeks to shut down Royalty Tobacco’s operations permanently, bar Sharhan and Mozeb from selling vape products in New York, and recover fines, penalties, and profits earned through the illegal sale of flavored nicotine products.

Attorney General James thanks Commissioner McDonald and DOH for their collaboration and partnership.

This lawsuit is the latest in a series of actions taken by Attorney General James to address the ongoing youth nicotine epidemic. In February, Attorney General James filed a landmark lawsuit against the nation’s largest vape distributors for fueling the youth vaping epidemic. In January 2025, Attorney General James filed a lawsuit against G Smoke in Herkimer County for persistently violating New York Public Health Law. In April 2023, Attorney General James secured $462 million from Juul Manufacturers for its role in the youth vaping epidemic. In August 2021, Attorney General James co-led a bipartisan coalition calling on the FDA to regulate e-cigarettes and oral nicotine products. In December 2020, Attorney General James ordered dozens of retailers across the state to immediately stop selling e-cigarette products to underage customers and to stop selling flavored vaping products in violation of New York state law. Also in December 2020, Attorney General James held a roundtable with elected officials, students and parents on the subject of vaping among young people in New York state.

This matter is being handled for OAG by Attorney General Fellow Charissa Kim with assistance from Assistant Attorney General Joy K. Mele, under the supervision of Health Care Deputy Bureau Chief Leslieann Cachola and Bureau Chief Darsana Srinivasan. The Health Care Bureau is part of the Division of Social Justice which is led by Chief Deputy Attorney General Meghan Faux and overseen by First Deputy Attorney General Jennifer Levy.