Njoy vape lawsuit overview:
- Who: E-cigarette maker NJOY LLC filed a lawsuit against more than two dozen manufacturers of allegedly illegal vape products.
- Why: The sale of these products allegedly harms companies like NJOY that spend substantial time and money to comply with applicable laws and regulations.
- Where: The NJOY vape lawsuit was filed in California federal court.
NJOY LLC has filed a lawsuit against more than two dozen manufacturers of allegedly illegal vape products, claiming that their products violate federal and state laws and illegally compete with NJOY vape products.
The NJOY lawsuit names both domestic and China-based vape makers, distributors and retailers of popular vaping products sold under brand names including Esco and Esco Bar, Breeze, Lava, Juicebox and Elf Bar.
These allegedly illegal vape products violate California’s ban on flavored tobacco products, California’s False Advertising Law, the Lanham Act and the Prevent All Cigarette Trafficking Act of 2009, according to the NJOY vape lawsuit.
The products are not authorized by the U.S. Food and Drug Administration, which requires companies to submit a marketing application to the agency prior to introducing a new tobacco product to the U.S. market, the NJOY lawsuit explains.
NJOY lawsuit says illegal vape products hurt its sales
The companies continue to sell their products even after the FDA has taken action against them, the NJOY lawsuit says.
However, the defendants allegedly continue to market their products as if they are legal, NJOY says. These false and misleading representations are unfair to vape companies that have spent time and money to ensure its products comply with the law, according to the NJOY vape lawsuit.
As a result of the defendants’ sale of allegedly illegal vape products, NJOY says it has experienced lost sales and economic harm.
“This harm is the direct result of defendants’ unlawful, unfair and fraudulent conduct – without which their products could not be sold – and [NJOY] will continue to suffer harm without relief from this court,” the NJOY lawsuit says.
The NJOY vape lawsuit seeks a nationwide injunction against the import, marketing and sale of the allegedly illegal vape products.
NJOY has previously faced its own deceptive marketing class action lawsuit that accused the e-cigarette maker of falsely marketing its vape products as safer than regular tobacco cigarettes.
Do you think the manufacturers of allegedly illegal vape products should be held accountable? Tell us what you think of the NJOY lawsuit in the comments!
NJOY is represented by Lauren S. Wulfe. Kristina Iliopoulos, John C. Massaro and David E. Kouba of Arnold & Porter Kaye Scholer LLP.
The NJOY vape lawsuit is NJOY LLC v. iMiracle (HK) Limited, et al., Case No. 2:23-cv-08798, in the U.S. District Court for the Central District of California.
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