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
