According to a statement released on October 19th on the official website of Altria, NJOY, a subsidiary of Altria, has launched extensive litigation against 34 domestic and foreign manufacturers, distributors, and online retailers, accusing them of illegally selling disposable e-cigarette products in violation of laws in California, among other places.
This lawsuit alleges that these companies are engaged in unfair competition by manufacturing, distributing, promoting, and selling products that violate California flavor ban laws, violate federal laws, and have been sanctioned by the FDA, putting them at an advantage over companies that comply with state and federal regulations.
After the ban on the sale of flavored tobacco products took effect at the end of 2022, over 97% of flavored e-cigarette products still remain in the market in California, according to a study commissioned by Advocacy Organization and conducted by independent research firm, WSPM Group. The study findings suggest that this situation is unacceptable and calls for further action from regulatory bodies such as the FDA.
This lawsuit has been filed in the federal district court of California and involves four charges: unfair competition, false advertising, violations of the Lanham Act, and the 2009 Prevent All Cigarette Trafficking Act.
The defendants are involved in the production and distribution of illegal disposable e-cigarette products, including but not limited to the following brands:
Several e-cigarette brands, including Breeze, Elf Bar, EB, EB Create, Esco Bar, Flum, Juice Box, Lava Plus, Loon, Lost Mary, Mr. Fog, and Puff Bar, are among the companies accused in the United States. These companies operate in multiple states such as Arizona, California, Delaware, Florida, Michigan, Minnesota, New Jersey, New York, and Texas. It's worth noting that all other locations are based in China.
These defendants have not yet obtained pre-market authorization from the FDA, and the majority have also failed to submit the necessary pre-market approval applications. Some defendants have received warning letters from the FDA, stating that their products are considered toxic and have labeling errors, and thus cannot be sold without authorization. In addition, some defendants have faced sanctions from the FDA's import alert, authorizing US Customs and Border Protection to seize their products.
According to Aoxiya, NJOY may potentially involve more manufacturers, distributors, and retailers in this case, and consider further legal actions.
Despite the ban on flavored tobacco products by the end of 2022, according to a study commissioned by Altria and conducted by WSPM Group, flavored e-cigarette products still account for over 97% of the market in California. The study, conducted by WSPM Group across 10 California cities from May 1st to June 28th, collected 15,000 discarded cigarette packages and 4,529 e-cigarette product packages.
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