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

Exclusive | TPE 2026 Cools as Caution Deepens in the U.S. Vape Market
Exclusive | TPE 2026 Cools as Caution Deepens in the U.S. Vape Market
The show had become an important check-in point for Chinese manufacturers and brand owners looking for signs of change in the U.S. market after months of softer demand. Instead, participants said the event highlighted a more restrained mood: traffic in the vape section was uneven, standout launches were limited, and conversations often failed to turn into orders.
Special Report
Apr.12
Imperial Brands Pulls myblu Vape Business From U.S., Citing Prolonged FDA Approval Process
Imperial Brands Pulls myblu Vape Business From U.S., Citing Prolonged FDA Approval Process
Imperial Brands said it will phase out its myblu vaping business in the United States, citing prolonged FDA approval timelines for new vape products. The company said it will instead focus on modern oral nicotine products in the U.S., including the expansion of its Zone brand and new flavors. While overall next-generation product revenue continued to grow, revenue from the category in the Americas declined sharply.
May.12
European Commission Publishes Tobacco Control Framework Evaluation, Says Smoking and Tobacco-Related Deaths Have Declined
European Commission Publishes Tobacco Control Framework Evaluation, Says Smoking and Tobacco-Related Deaths Have Declined
The European Commission has published its evaluation of the EU tobacco control framework, assessing the effectiveness, efficiency and relevance of the Tobacco Products Directive and Tobacco Advertising Directive in protecting public health and ensuring the smooth functioning of the internal market.
Apr.03 by 2FIRSTS.ai
French Lawmakers Move to Extend Plain Packaging Rules to Vaping Product
French Lawmakers Move to Extend Plain Packaging Rules to Vaping Product
French lawmakers Nicolas Thierry and Pierre Cazenave said on April 15 that they will file a cross-party bill to extend plain packaging requirements to vaping products. Under the proposal, unit packs and outer packaging for vaping products, including those without nicotine, would become neutral and standardized in the same way cigarette packs have been since 2017.
Apr.16 by 2FIRSTS.ai
Special Report| War continues to shape the Ukrainian tobacco market
Special Report| War continues to shape the Ukrainian tobacco market
Four years into the war, Ukraine’s tobacco market is being reshaped by stress-driven consumption, tax pressure, youth e-cigarette use and a growing illicit segment. Surveys point to rising tobacco and nicotine product use, while higher excise duties and shadow trade are adding new complexity to the market.
Apr.17
Product | Vaporless Mode + Transparent Display Screen: Kanger Launches Subox Mix 50K in the U.S.
Product | Vaporless Mode + Transparent Display Screen: Kanger Launches Subox Mix 50K in the U.S.
E-cigarette brand Kanger has recently launched its new e-cigarette, the Subox Mix 50K, across multiple online channels in the United States. The product features a “vaporless mode” and a transparent digital display design, supporting switching between approximately 25K vapor puffs and 25K vaporless puffs, for a total of 50,000 puffs, while displaying battery level and mode status in the transparent pod section.
Apr.13 by 2FIRSTS.ai