The case was filed in October of last year and accused the corporations of selling goods that were unlawful in California and the US. It also demanded that NJOY be awarded punitive and compensatory damages as well as a countrywide injunction that would stop the items from being imported or sold in the future.
Manufacturers and sellers of Breeze, Elf Bar, Esco Bar, Flum, Juice Box, Lava Plus, Loon, Lost Mary, Mr. Fog, and Puff Bar—brands that together account for a significant share of the disposable vape industry in the United States—were among the businesses fined.
Judge Terry J. Hatter Jr. of the U.S. District Court for the Central District of California issued the dismissal decision on January 18. The defendants were wrongly joined in the complaint, according to the court, since they were not involved in "the same transaction, happening, or series of transactions or occurrences." Judge Hatter dismissed all parties from the lawsuit as a result, with the exception of IMiracle, the first listed defendant.
"NJOY, once known as a standalone vaping industry pioneer, has become the vape subsidiary of Altria Group, the U.S. producer of Marlboro cigarettes."
The judge's orders were made "without prejudice," which means that NJOY may bring a new lawsuit against each of the dismissed defendants alone or maybe in smaller groupings if there is evidence of a link. Additionally, the court denied NJOY's demand for a preliminary injunction prohibiting the defendants from selling or distributing their product, as well as its allegation of unfair competition.
The court rejected NJOY's attempt to serve the Hong Kong-based Elf Bar producer IMiracle by email, pointing out that serving legal notice to overseas defendants may be done through a recognized international procedure known as the Hague Convention. As a result, NJOY's complaint against IMiracle is still pending but cannot go further until the Chinese manufacturer receives official notice of the litigation.
Formerly regarded as a pioneer in the independent vaping sector, NJOY is now the vape division of Altria Group, the American company that makes Marlboro cigarettes. After forfeiting its 35 percent stake in Juul Labs, Altria paid $2.75 billion to purchase NJOY last year. Two of the six FDA-approved vape devices that are presently on the market are sold by NJOY.
