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

Reynolds Seeks to Join Altria Lawsuit Challenging FDA PMTA Rule and Calculation of 180-Day Deadline
Reynolds Seeks to Join Altria Lawsuit Challenging FDA PMTA Rule and Calculation of 180-Day Deadline
Three R.J. Reynolds companies are seeking to intervene in a lawsuit filed by Altria subsidiaries Helix Innovations and NJOY challenging the FDA's 2021 PMTA final rule. The companies dispute how the agency uses Acceptance and Filing reviews and completeness determinations to establish when the Tobacco Control Act's 180-day decision period begins. Reynolds has also linked prolonged PMTA reviews to competition from unauthorized vaping products. The FDA, meanwhile, has been accelerating reviews and reducing its backlog.
Sep.14
JT’s Ploom Volumes Rise 43.5% as Cigarettes Anchor Its Transition
JT’s Ploom Volumes Rise 43.5% as Cigarettes Anchor Its Transition
JT’s Ploom heated-tobacco volumes rose 43.5% in the first half of 2026, while combustibles still represented about 97% of its tobacco volume and remained the main earnings base. In Japan, reduced-risk products now account for 48.7% of industry shipments, shifting competition from category adoption towards brand share, pricing and consumer retention. JT’s results offer a revealing case of a traditional tobacco company pursuing a prolonged, dual-track transformation.
JTI
Jul.30
R.J. Reynolds Vapor Company Launches Flavored Vuse Pro Pods in U.S. Without FDA Marketing Authorization
R.J. Reynolds Vapor Company Launches Flavored Vuse Pro Pods in U.S. Without FDA Marketing Authorization
R.J. Reynolds Vapor Company has begun selling four flavored Vuse Pro pods — Peach, Berry, Watermelon and Fresh Mint — in Ohio and selected other U.S. markets. According to the Vuse U.S. FAQ, Vuse Pro contains approximately 5.0% nicotine by weight, and Vuse Pro pre-filled pods are intended for use with Vuse Alto devices. Reynolds told 2Firsts that product labeling lists an e-liquid capacity of 2.0 mL per pod. The Vuse Alto Power Unit received FDA marketing authorization in 2024, while the new Vuse Pro pods themselves have not received marketing granted orders. The rollout follows the FDA’s May 2026 revision of enforcement priorities for certain unauthorized vaping products with qualifying pending applications.
BAT
Sep.10
Russian Strikes Destroy JTI and Imperial Brands Ukraine Warehouses, With Losses Reaching Tens of Millions of Hryvnias
Russian Strikes Destroy JTI and Imperial Brands Ukraine Warehouses, With Losses Reaching Tens of Millions of Hryvnias
According to Ukrainska Pravda, Russian strikes on the Kyiv region during the night of Aug. 4-5, 2026, damaged warehouses storing products of Japan Tobacco International (JTI) and Imperial Brands Ukraine. JTI said a finished goods warehouse in Kyiv Oblast was destroyed, with no employees injured, and that it did not expect disruptions to retail supplies. Imperial Brands Ukraine said products stored at warehouses of distributors and retail partners were affected and estimated losses from the strikes at “tens of millions of Ukrainian hryvnias” (roughly hundreds of thousands of U.S. dollars).
JTI
Aug.07
CCPIT Says Trade Friction Index for China-Related Electronics Sector Remains High, With Vape Products Among Areas of Focus
CCPIT Says Trade Friction Index for China-Related Electronics Sector Remains High, With Vape Products Among Areas of Focus
China Council for the Promotion of International Trade (CCPIT) held its July regular press conference on July 31, 2026, releasing the May 2026 Global Economic and Trade Friction Index. CCPIT spokesperson Yang Fan said the global trade friction index stood at 95 in May, remaining at a medium-to-high level. By industry, the electronics sector recorded the highest trade friction index among 13 monitored industries. In China-related trade frictions, the index stood at 93, with electronics products including drones, chips and vape products among areas where friction remained elevated.
Aug.03
FDA Authorizes JUUL2, Cites Adult Switching Amid Efforts to Speed PMTA Reviews
FDA Authorizes JUUL2, Cites Adult Switching Amid Efforts to Speed PMTA Reviews
The FDA authorized the JUUL2 device and tobacco- and menthol-flavored pods on Aug. 28, bringing the number of authorized e-cigarette products to 48. The agency highlighted complete switching among adult smokers, with six-week switching rates reaching 28.4%–49.3% for the menthol pod. The decision comes as FDA works to speed PMTA reviews, reduce application backlogs and expand authorized e-cigarette and nicotine-pouch products while maintaining enforcement priorities for unauthorized products.
Regulations
Aug.29