Key Points
- Vape manufacturers and distributors seek dismissal of antitrust MDL claims.
- Defendants argue consumers lack standing in the distribution chain.
- Plaintiffs allege price-fixing tied to cannabis vape hardware.
- Motions challenge sufficiency of conspiracy and pricing allegations.
- Case is pending in the Northern District of California.
2Firsts, February 24, 2026
According to Law360, Vape manufacturers and distributors have moved to dismiss consumer antitrust claims in consolidated multidistrict litigation pending in the U.S. District Court for the Northern District of California.
In motions filed Friday, distributor defendants 3Win Corp., Jupiter Research LLC, Canna Brand Solutions and Greenlane Holdings Inc., along with manufacturers Shenzhen Smoore Technology Co. Ltd. and Smoore International Holdings, argued that plaintiffs have failed to establish standing or plausibly allege a price-fixing conspiracy.
The litigation concerns closed cannabis oil vaporization systems and related components. Plaintiffs allege that distributor defendants entered into agreements with manufacturer Smoore to create a price floor and restrict the purchase of competing products, resulting in higher prices for cannabis-filled vape products.
Defendants contend that they manufacture and distribute empty vape hardware, not cannabis-filled products, and that these constitute distinct markets. They argue that consumers are too far removed in the commercial chain to assert antitrust claims, as they do not directly participate in the relevant hardware markets.
The motions further assert that the third amended complaint fails to allege specific pricing practices, including the prices charged by manufacturers to distributors, by distributors to retailers, or the amounts ultimately paid by consumers. Defendants also argue that the complaint does not adequately allege market share or demonstrate that the alleged conduct foreclosed competition across the relevant California market.
Additionally, defendants maintain that although plaintiffs have refiled claims under California’s Cartwright Act following dismissal of federal antitrust claims, the relief sought relates to cannabis products that remain federally illegal.
The consolidated case, In re: CCell Closed Cannabis Oil Vaporization Systems and Components Products Litigation, includes four consumer actions and one retailer action. The court has not yet issued a decision on the dismissal motions.
(Cover Photo: Cover page of a U.S. District Court (N.D. California) filing showing Smoore defendants’ motion to dismiss in the closed cannabis oil vaporizer antitrust class action. Source: U.S. District Court for the Northern District of California public filing (via Law360).)
