Altria Group’s NJOY subsidiary has filed a lawsuit against 34 overseas and domestic disposable e-cigarette manufacturers, distributors, and online retailers operating in the US. The suit alleges the companies are illegally selling flavored products and violating FDA regulations.
Companies Accused of Breaking Laws
On October 20, 2022, Altria announced the lawsuit targeting disposable vape brands selling in California and other states without proper FDA authorization. The complaint claims these activities break California’s flavor ban and federal laws.
According to Altria, the defendants are unfairly competing against compliant vape companies. NJOY filed the suit in California District Court seeking a nationwide sales injunction plus sizable damages.
Murray Garnick, Altria’s Executive VP and General Counsel, said illicit vape brands are creating two markets – one following the rules, and one ignoring them. Altria stated more FDA enforcement is needed against illegal disposables.
“Today there are two markets — one for those who play by the rules and one for those who flagrantly ignore them,” “We are taking this action because the current state of the illicit e-vapor market is intolerable, and we must see more action from FDA and others.”
Murray Garnick, said in a statement.
Vape Industry Facing Tighter Regulations
The FDA started restricting flavored vapes in 2018 to curb surging teen usage, mostly attributed to Juul. This culminated in a total Juul ban in 2022, with all products ordered off the market.
In March 2022, Altria exchanged its minority Juul stake for intellectual property rights. Recently, the FDA also denied marketing for Reynolds’ popular menthol Vuse Alto e-cigs.
Last week, British American Tobacco filed an ITC complaint alleging the top disposable brands improperly import products. Industry analysts expect significant disposable vape enforcement soon.
Lawsuit Targets Popular Disposable Brands
Per Altria, all foreign companies named in the lawsuit are located in China. The US defendants span 9 states, including major vape markets.
The colorful disposable brands involved include Puff Bar, Breeze, Elf Bar, Flum, Lost Mary, and over 25 others. None have received FDA marketing authorization.
Several defendants got FDA warning letters about adulterated, misbranded products needing agency approval. Yet they continue selling unauthorized flavored vapes illegally, the suit contends.
Seeking Nationwide Sales Ban and Damages
Without premarket FDA review, these disposable e-cigs are being sold in violation of regulations to protect public health. NJOY is seeking a total injunction blocking further imports and sales.
The lawsuit also demands significant compensatory and punitive damages from these companies profiting through regulatory non-compliance. Altria stated decisive action is required against the illicit vape market.
Altria aims to enforce responsible industry practices and help transition smokers to potentially less harmful options. However, illegal disposable vape products undermine these goals and must end, per the company’s General Counsel.
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