WARNING: This product contains nicotine.
Nicotine is an addictive chemical.

Altria, NJOY Lawsuit Names ‘Unlawful’ Vape Brands

E-Cigarette firm sues to stop 34 companies from import, sale of ‘illicit’ products

RICHMOND, Va.— Altria Group, Inc. said its operating company NJOY, LLC, has filed litigation against 34 foreign and domestic manufacturers, distributors, and online retailers for what the company claims are illicit disposable e-vapor products that are unlawfully marketed and sold in the State of California and elsewhere.

The suit alleges that these companies manufacture, distribute, market, and sell products that violate California’s flavor ban law, are unlawful under federal law and subject to U.S. Food and Drug Administration (FDA) action, and illegally compete against companies that comply with state and federal laws.

Named e-cigarette companies include, but are not limited to, brands such as Breeze, Elf Bar, EB, EB Create, Esco Bar, Flum, Juice Box, Lava Plus, Loon, Lost Mary, Mr. Fog, and Puff Bar. Domestic defendants include companies doing business in Arizona, California, Delaware, Florida, Michigan, Minnesota, New Jersey, New York, and Texas. Foreign defendants are all based in China.

In a press release issued in mid-October, officials said they are seeking nationwide injunction against the import, marketing, and sale of these products and significant compensatory and punitive damages.

“These companies knowingly violate federal and state laws and need to be held accountable,” said Murray Garnick, Altria’s Executive vice president and general counsel. “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.”

The litigation, filed in the U.S. District Court for the Central District of California, is brought under four claims: unfair competition, false advertising, false advertising in violation of the Lanham Act, and violation of the Prevent All Cigarette Trafficking Act of 2009.

In related news, the FDA took punitive action this fall against 22 retailers accused of selling Elf Bar/EB Design e-cigarettes, issuing penalties of $19,192 per violation.

These retailers, spanning 12 states, had previously received warning letters from the FDA notifying them of the unauthorized sale of tobacco products, which lead to the issuance of civil money penalty (CMP) complaints after a second visit by FDA agents.

Earlier in the year, the FDA issued 168 warning letters to brick-and-mortar retailers for the illegal sale of Elf Bar/EB Design products. These warning letters are the outcome of a nationwide retailer inspection initiative conducted throughout August 2023.

Similarly in June, the FDA issued 189 warning letters to retailers. For the first time, the number of retailers in the convenience channel outnumbered vape and tobacco shops.  A month earlier, the FDA enlisted the U.S. Customs and Border Protection agency to “red list” certain vaping products, keeping noncompliant devices from entering the country.

Ann Simoneau, director of the Office of Compliance and Enforcement in the FDA’s Center for Tobacco Products, stressed the agency’s commitment to monitoring the entire supply chain, including retailers, for federal law compliance. This includes follow-up inspections and surveillance of those who have received warning letters.

ABOUT BIDI VAPOR

Based in Melbourne, Florida, Bidi Vapor maintains a commitment to responsible, adult-focused marketing, supporting age-verification standards and sustainability through its BIDI® Cares recycling program. Bidi Vapor’s premier device, the BIDI® Stick, is a premium product made with high-quality components, a UL-certified battery and technology designed to deliver a consistent vaping experience for adult smokers 21 and over.

Currently, all 11 of Bidi Vapor’s flavored vaping devices are going through the FDA’s scientific review process. As a result, the company can legitimately sell its flavored products while under evaluation, subject to the agency’s enforcement discretion, said Azim Chowdhury, partner with the Washington, D.C.-based Keller and Heckman LLP.

Visit www.bidivapor.com.

Quick Links

Contact Information

Consumer:

support@bidivapor.com

Wholesale:

sales@bidivapor.com

401 N Wickham Rd — STE 130, Melbourne, Florida 32935

Follow Us

Facebook-f Instagram
Youtube Linkedin

Bidi Vapor stands firm against the access of the BIDI® Stick to minors. The sale of tobacco products to minors is prohibited by law.

Warning: This product contains nicotine. Nicotine is an addictive chemical.

California Proposition 65 Warning: This product can expose you to chemicals including formaldehyde, which is known to the State of California to cause cancer, and nicotine, which is known to the State of California to cause birth defects or other reproductive harm.

You may find more crucial warning information about the BIDI® Stick here.

2024 © Copyright | Powered by KMS | All Rights Reserved | Exclusively distributed by Kaival Brands | Publicly Traded as NASDAQ: KAVL
Scroll to Top

ACH Authorization and Agreement (“Authorization”)

I represent and warrant that I am the authorized owner, or an authorized agent of the authorized owner, on the checking or savings account provided by me to Kaival Brands Innovations Group, Inc. (“Kaival”) through www.bidivapor.com or its affiliate web pages (the “Site”). By clicking the “Accept” button below, I hereby authorize Kaival to withdraw the purchase price(s) specified in the applicable order confirmation(s) issued and duly executed by Kaival (“Confirmation(s)”), on the payment date(s) specified in the applicable Confirmation(s), by electronic funds transfer from the checking or savings account provided by me to the Site (the “Authorized Account”), in order to make the Requisite Payments to Kaival in exchange for products sold by or through the Site.

“Requisite Payments” means the amounts I am required to pay under the applicable sales agreement by and between myself (or my associated entity) and Kaival (the “Sales Agreement”) and the associated Confirmation(s), including any additional charges I owe, such as delivery, tax, or late fees. If the applicable due date falls on a weekend or holiday, my payment will be processed on the next business day.

I agree that this Authorization shall remain in effect, and Kaival may retain my Authorized Account information, until I am notified by Kaival that they are terminating my Requisite Payments, or until three (3) business days following the date on which I notify Kaival, in writing, that I wish to revoke this Authorization. I acknowledge and agree that revocation of my authorization does not cause a revocation or alteration of the applicable Sales Agreement or Confirmation.

I understand that Kaival may restrict or terminate payment under this Authorization, in the event that I am in default of the applicable Sales Agreement, and/or if there are insufficient funds in my checking or savings account, among other reasons.

I acknowledge that I have received a copy of this Authorization.

In the event an error is made in any ACH transfer, I hereby authorize Kaival to make any necessary transfers, to or from my Authorized Account, in order to correct the error.

I acknowledge and agree that electronic funds transfers will be made to the financial institution and account number supplied by me through the Site, and I acknowledge and agree that any errors in the provision of such information to the Site shall be solely my responsibility. I agree to indemnify, defend, and hold harmless Kaival in connection with any damages arising from such errors.

I acknowledge and agree that Kaival shall not be responsible for any aspect of the payment transaction following the point when my designated financial institution receives or has control of the payment transaction. Any loss or damage resulting from the loss of data or funds following my designated financial institution’s receipt of payment (or control of payment) shall be solely my responsibility, or the responsibility of my designated financial institution.

I acknowledge that Kaival shall be responsible for employing commercially reasonable means to safeguard my data, but shall not be responsible for any virus, data breach, theft, glitch, error, force majeure, or related event affecting my Authorized Account information, so long as such commercially reasonable means are employed.

This Authorization shall be governed by the Sales Agreement then in effect between me (or my affiliated entity) and Kaival. In the absence of an effective Sales Agreement, this Authorization shall be governed by the terms and conditions of sale set forth on the Site at the time of my signature below.

IN NO EVENT SHALL KAIVAL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THIS AUTHORIZATION OR THE TRANSACTIONS CONTEMPLATED HEREIN, ABSENT KAIVAL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Oops! You need to be logged in to use this form.
Skip to content