Altria Group's NJOY LLC. Wins Lawsuit, Prohibiting 4 Retailers from Selling ELFBAR

Elfbar by 2FIRSTS.ai
Dec.25.2024
Altria Group's NJOY LLC. Wins Lawsuit, Prohibiting 4 Retailers from Selling ELFBAR
NJOY LLC. wins lawsuit against ELFBAR e-cigarette brand in California federal court, prohibiting four retailers from selling products.

According to a report by Law360 on December 23, Altria Group subsidiary NJOY LLC. has won a lawsuit against the e-cigarette brand ELFBAR.

 

Federal Judge Cynthia Bashant in California has issued a preliminary injunction prohibiting four California retail entities from selling any ELFBAR products.

 

Judge Basyan stated that the ban was in the public interest as it would "uphold the law." The state enacted a law in 2020 prohibiting flavored tobacco products.

 

Retailers have requested the judge not to issue the injunction, arguing that ELFBAR is just one of many flavored e-cigarettes on the market. They believe that consumers will instead turn to other brands like Hyde, Esco Bar, Puff Bar, and Hyppe before trying NJOY's tobacco-flavored e-cigarette.

 

The brand representatives of ELFBAR, iMiracle (HK) Ltd. and Shenzhen Imiracle Technology Co Ltd., stated that it is unrealistic to assume that flavored e-cigarette users will switch to NJOY's products, much like how people who love grape juice would switch to drinking kale juice if their favorite brand is no longer available.

 

Judge Basante stated that this is "not convincing." She believes that NJOY provided enough evidence to prove that their sales were affected due to ELFBAR supplying e-cigarettes to stores. NJOY claimed in the lawsuit that iMiracle and retailers were illegally selling flavored e-cigarettes not approved by the US FDA, violating California's ban on flavored tobacco products.

 

NJOY states that they are at a competitive disadvantage because consumers are choosing to purchase ELFBAR products instead of NJOY's legal tobacco-flavored e-cigarettes. NJOY claims to be the only e-cigarette device manufacturer authorized by the FDA, with their NJOY ACE device receiving FDA PMTA in July of this year.

 

The current lawsuit is at least the second lawsuit filed by NJOY in the California federal court. A previous lawsuit filed in October 2023 has already been voluntarily dismissed by the company.

 

The previous lawsuit was more ambitious, as NJOY attempted to implement a nationwide ban on several popular flavored e-cigarette brands, while the current lawsuit is only targeting the sales of ELFBAR in California.

 

Four California retailers, including Aroma Avenue Vape Shop, Cigarettes N More, Cloudhaven Vapors, Inc., and Z Vapor Room, have been ordered to stop selling the ELFBAR e-cigarette.

 

We welcome news tips, article submissions, interview requests, or comments on this piece.

Please contact us at info@2firsts.com, or reach out to Alan Zhao, CEO of 2Firsts, on LinkedIn


Notice

1.  This article is intended solely for professional research purposes related to industry, technology, and policy. Any references to brands or products are made purely for objective description and do not constitute any form of endorsement, recommendation, or promotion by 2Firsts.

2.  The use of nicotine-containing products — including, but not limited to, cigarettes, e-cigarettes, nicotine pouchand heated tobacco products — carries significant health risks. Users are responsible for complying with all applicable laws and regulations in their respective jurisdictions.

3.  This article is not intended to serve as the basis for any investment decisions or financial advice. 2Firsts assumes no direct or indirect liability for any inaccuracies or errors in the content.

4.  Access to this article is strictly prohibited for individuals below the legal age in their jurisdiction.

 

Copyright

 

This article is either an original work created by 2Firsts or a reproduction from third-party sources with proper attribution. All copyrights and usage rights belong to 2Firsts or the original content provider. Unauthorized reproduction, distribution, or any other form of unauthorized use by any individual or organization is strictly prohibited. Violators will be held legally accountable.

For copyright-related inquiries, please contact: info@2firsts.com

 

AI Assistance Disclaimer

 

This article may have been enhanced using AI tools to improve translation and editorial efficiency. However, due to technical limitations, inaccuracies may occur. Readers are encouraged to refer to the cited sources for the most accurate information.

We welcome any corrections or feedback. Please contact us at: info@2firsts.com

2Firsts Hosts U.S. Market Mid-Year Briefing: Companies Need to Reassess Product and Market-Access Strategies
2Firsts Hosts U.S. Market Mid-Year Briefing: Companies Need to Reassess Product and Market-Access Strategies
2Firsts held its 2026 U.S. Market Compliance and Development Mid-Year Briefing in Shenzhen, China, on July 28. The discussion examined how state-level requirements, proposed foreign-establishment registration rules and expanding supply-chain responsibilities are changing product and investment decisions in the U.S. tobacco and nicotine market.
Jul.29
Product | PMI Pilots bonds by IQOS and blends in Japan, Testing a New Heated Tobacco Platform
Product | PMI Pilots bonds by IQOS and blends in Japan, Testing a New Heated Tobacco Platform
Philip Morris International (PMI) has launched a regional pilot of bonds by IQOS and dedicated blends tobacco sticks in Japan, introducing a new heated tobacco platform separate from the IQOS ILUMA ecosystem. The system uses Round Heat Technology with an external heating architecture, differentiating it from IQOS ILUMA’s induction-based platform. The pilot began on July 6, 2026, across three Japanese prefectures: Fukuoka, Saga and Nagasaki.
Jul.30
2Firsts Exclusive Analysis | RLX Q2 Revenue Rises 14.8%, Company Takes Control of Western European Distributor and Expands Multi-Category Strategy
2Firsts Exclusive Analysis | RLX Q2 Revenue Rises 14.8%, Company Takes Control of Western European Distributor and Expands Multi-Category Strategy
business accounting for 68.5% of sales. A new controlling investment in a Western European distributor and plans to scale modern oral nicotine pouches point to a broader international strategy spanning channels and multiple product categories.
Special Report
Aug.14
Scottish Vape Display Rules Could Cost Businesses £61 Million, Affecting More Than 11,000 Retail Outlets
Scottish Vape Display Rules Could Cost Businesses £61 Million, Affecting More Than 11,000 Retail Outlets
A Scottish government impact assessment estimates that proposed vape display and packaging rules could create up to £61 million ($82 million) in compliance costs for businesses, affecting more than 11,000 retail outlets. The estimated costs are mainly linked to inventory adjustments, retail storage changes and the resources required for businesses to understand and implement the new requirements. The measures form part of the UK’s broader efforts to tighten vape regulation, particularly around product displays, packaging and sales practices.
Aug.10
Product | OXVA Launches ONEO Pro in France, Upgrading Its Open-Pod Platform
Product | OXVA Launches ONEO Pro in France, Upgrading Its Open-Pod Platform
Vape brand OXVA has introduced the ONEO Pro, a refillable open-pod system that entered the French market in July 2026. The device features a 2,100mAh battery, up to 40W output, a 4ml refillable cartridge, multiple coil options and a 0.96-inch color TFT display. The launch reflects continued performance upgrades within the refillable open-pod segment, with brands adding higher capacity, adjustable output and smarter device interaction.
Aug.03
Virginia Tightens Vape and Tobacco Retail Enforcement, With Fines Up to $15,000 Per Unlisted Product
Virginia Tightens Vape and Tobacco Retail Enforcement, With Fines Up to $15,000 Per Unlisted Product
A new Virginia law that took effect on July 1, 2026, requires retailers to obtain permits to sell liquid nicotine, vape and tobacco products, while directing Virginia ABC to conduct inspections and verify that stores sell only products listed in the state directory.
Jul.20