Dismissal of NJOY Lawsuit Against Disposable Manufacturers in California

Regulations by 2FIRSTS.ai
Jan.24.2024
Dismissal of NJOY Lawsuit Against Disposable Manufacturers in California
NJOY's lawsuit against disposable e-cigarette manufacturers, distributors, and retailers in California was dismissed, except for IMiracle.

According to a report by Vaping360 on January 23rd, the lawsuit filed by NJOY, a subsidiary of the American tobacco company Achia, against dozens of disposable e-cigarette manufacturers, distributors, and retailers was dismissed by a federal court in California. However, the court did not dismiss the lawsuit against iMiracle, the manufacturer of ELFBAR.

 

The lawsuit was filed in October of last year, accusing these companies of selling illegal products in California and the United States. It seeks a nationwide injunction to prevent future imports and sales of these products and demands compensatory and punitive damages to be awarded to NJOY.

 

The accused companies include Breeze, ELFBAR, Esco Bar, Flum, Juice Box, Lava Plus, Loon, Lost Mary, Mr. Fog, and Puff Bar, among others. These brands collectively constitute a significant portion of the disposable e-cigarette market in the United States.

 

Federal Judge Terry J. Hatter Jr., of the Central District of California, signed a dismissal order on January 18. The court ruled that the defendants were erroneously included in the lawsuit as they were not involved in the same transaction, event, or series of transactions or events. Consequently, Judge Hatter dismissed all parties except for the first defendant, iMiracle, from the litigation.

 

According to reports, NJOY was once a pioneer in the independent e-cigarette industry, but it is now a subsidiary of Ochsia, the manufacturer of Marlboro cigarettes in the United States. Last year, this tobacco company acquired NJOY for a price of $2.75 billion, after previously giving up its 35% stake in Juul Labs. Currently, NJOY's two e-cigarette devices are among the six devices authorized by the U.S. Food and Drug Administration (FDA).

 

The judge made these rulings in a manner that "does not harm the plaintiff's rights," which means that NJOY can refile the lawsuits against the dismissed defendants, possibly as separate or related groups. The court also dismissed NJOY's allegations of unfair competition and rejected its motion to impose a preliminary injunction on the defendants' sales and distribution.

 

In the case of the Hong Kong-based ELFBAR manufacturer, iMiracle, the court has rejected NJOY's request to serve legal documents via email, stating that there is an established international procedure (the Hague Convention) for serving legal notices to foreign defendants. As a result, NJOY's lawsuit against iMiracle remains valid, and iMiracle will be unable to proceed with the litigation until formal notification is received from the court.

 

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

Philip Morris Korea to Launch IQOS Iluma i One “Electric Purple” Color, Expanding Into Major Convenience Store Channels From May
Philip Morris Korea to Launch IQOS Iluma i One “Electric Purple” Color, Expanding Into Major Convenience Store Channels From May
Philip Morris Korea said on March 31 that it will begin selling the new “Electric Purple” color for the heated tobacco device IQOS Iluma i One at major convenience stores nationwide in South Korea starting May 2. The color will first be introduced on April 10 at the official IQOS online store and nine IQOS directly operated stores nationwide. To mark the expansion of its sales channels, the company will run promotions at major convenience stores through May 20.
Mar.31
JT to Launch New Ploom Stick Variant “EVO Sakura Regular” Nationwide in Japan on April 6
JT to Launch New Ploom Stick Variant “EVO Sakura Regular” Nationwide in Japan on April 6
JT said it will begin rolling out “EVO Sakura Regular,” a new product under the premium EVO brand for the heated tobacco brand Ploom, at convenience stores and tobacco retailers across Japan from April 6. The product has already been on sale since February 3 through the CLUB JT online shop and Ploom Shops nationwide.
Mar.13 by 2FIRSTS.ai
South Dakota Legislature Approves Two Nicotine Licensing Bills Pending Governor’s Decision
South Dakota Legislature Approves Two Nicotine Licensing Bills Pending Governor’s Decision
The South Dakota Legislature gave final approval on Tuesday to two proposals requiring state licenses for businesses that sell nicotine products. Under the bills, wholesalers, distributors and retailers of nicotine products in the state would need to be licensed by the government.
Mar.12 by 2FIRSTS.ai
Japan to Raise Tobacco Taxes and Corporate Income Tax From April 1 to Help Fund Defense Spending
Japan to Raise Tobacco Taxes and Corporate Income Tax From April 1 to Help Fund Defense Spending
Japan will raise tobacco product taxes and corporate income tax from April 1 as part of a package of levies to help fund a five-year defense spending increase totaling JPY 43 trillion. Tobacco taxes will be raised in two stages, with the first increase taking effect on April 1 and the second in October, while personal income tax is planned to rise in January.
Mar.27 by 2FIRSTS.ai
Haypp Voluntarily Sets a 20 mg Nicotine-Strength Cap for Nicotine Pouches and Urges the UK to Establish a Regulatory Limit
Haypp Voluntarily Sets a 20 mg Nicotine-Strength Cap for Nicotine Pouches and Urges the UK to Establish a Regulatory Limit
Online nicotine pouch retailer Haypp said it has voluntarily adopted a 20 mg per pouch nicotine-strength cap across its e-commerce platforms and is urging the UK government to formalize that cap as the limit as it develops a regulatory framework. Haypp said proportionate limits would protect consumers while preserving nicotine pouches as a viable reduced-risk alternative to cigarettes.
Feb.26 by 2FIRSTS.ai
Reuters: More “Made in America” Vape Products Appear in the U.S. Amid Trump Tariffs and Crackdown
Reuters: More “Made in America” Vape Products Appear in the U.S. Amid Trump Tariffs and Crackdown
According to Reuters, the U.S. vaping market has recently seen an increase in products marketed as “Made in America” amid the Trump administration’s stronger enforcement against unauthorized vape brands and increased trade tariff pressure on Chinese goods. Since October 2025, at least eight new vape brands highlighting American credentials have entered the U.S. market, and none of them has authorization for sale. Brands mentioned by Reuters include Maxus Star and OneTank.
Apr.08