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

Bidi Vapor Takes Legal Action Against Counterfeit Sales

Premium e-cigarette maker files federal lawsuit against China-based online wholesalers

Bidi Vapor, LLC
Dec 31, 2020, 11:23 ET

MELBOURNE, Fla., Dec. 31, 2020 /PRNewswire/ — Bidi Vapor, LLC, the manufacturer of a premium vape pen called BIDI® Stick, announced that on December 11, 2020, a federal judge in the Southern District of New York granted a temporary restraining order and asset freeze against 24 defendants—most based overseas in China—selling counterfeit BIDI-branded products through the wholesale website, DHGate.com.

The federal lawsuit is a part of Bidi Vapor’s comprehensive, anti-counterfeit program designed to combat the sale of counterfeit and infringing products. Through the robust program, the company aims to help create a more responsible marketplace consisting of high-quality, authentic products.

“The manufacture and sale of counterfeit goods hurts all responsible suppliers of quality products,” said Niraj Patel, president and CEO of Bidi Vapor, Melbourne, Fla. “It’s a shame that independent manufacturers like Bidi Vapor have to shoulder the burden of pursuing wholesalers and retailers dealing in these illegal products, but our goal is to provide high-quality, electronic nicotine-delivery systems (ENDS) to adult consumers who are 21 and older.”

In September 2020, Bidi Vapor submitted a robust Premarket Tobacco Application (PMTA) to the U.S. Food and Drug Administration (FDA). The PMTA process will allow the FDA to review ENDS from individual manufacturers to potentially authorize continued marketing in the United States, officials said.

Bidi Vapor’s application included details about its e-liquid ingredients, device components and manufacturing processes, as well as scientific research into product use among consumers. The submission runs over 285,000 pages—one of the largest submissions compiled across all e-cigarette manufacturers—and supports the public need to provide options to adult smokers of combustible cigarettes, officials said.

At Bidi Vapor, innovation is key to our mission, with the BIDI® Stick promoting environmental sustainability while providing a unique vaping experience to adult smokers. Contributing to a smoke-free world for our future generations is in Bidi Vapor’s DNA.

Forward-Looking Statements

This press release includes statements that constitute “forward-looking statements” within the meaning of federal securities laws, which are statements other than historical facts that frequently use words such as “anticipate,” “believe,” “continue,” “could,” “estimate,” “expect,” “forecast,” “intend,” “may,” “plan,” “position,” “should,” “strategy,” “target,” “will,” and similar words.  All forward-looking statements speak only as of the date of this press release.  Although we believe that the plans, intentions, and expectations reflected in or suggested by the forward-looking statements are reasonable, there is no assurance that these plans, intentions, or expectations will be achieved.  Therefore, actual outcomes and results could materially differ from what is expressed, implied, or forecasted in such statements.

This release contains certain forward-looking statements that are based on current plans and expectations and are subject to various risks and uncertainties.  Our business may be influenced by many factors that are difficult to predict, involve uncertainties that may materially affect results, and are often beyond our control.  Factors that could cause or contribute to such differences include, but are not limited to, factors detailed by us in our public filings with the Securities and Exchange Commission.

All forward-looking statements included in this press release are expressly qualified in their entirety by such cautionary statements.  Except as required under the federal securities laws and the rules and regulations of the Securities and Exchange Commission, we do not have any intention or obligation to update publicly any forward-looking statements, whether as a result of new information, future events, or otherwise.

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. For more information, go to www.p65warnings.ca.gov.

Nicotine is a highly addictive chemical. Depending on how you use Bidi Vapor products, you may be exposed to higher levels of nicotine than with other tobacco products. No tobacco product is safe or without risk. The risks and effects of using Bidi Vapor products have not been established. Bidi Vapor products can expose you to chemicals that are known to cause health risks, including cancer, reproductive harm, cardiovascular injury, and immunosuppressive conditions, as well as disrupt normal brain development in young people. Consult with a physician for further information.

Additional Warnings:

  1. Bidi Vapor products should be kept out of reach of children.
  2. Bidi Vapor products should not be used around a fire or any flammable materials.
  3. Do not use Bidi Vapor products if there is any deformity, leakage, or discoloration.
  4. Do not insert anything into Bidi Vapor products.
  5. Do not disassemble or tamper Bidi Vapor products.
  6. Do not attempt to refill Bidi Vapor products.

Bidi Vapor products are not suitable for use by:

  1. Any persons under the legal age (21)
  2. Adult non-smokers or non-tobacco users
  3. Any persons with allergies or sensitivities to any of the listed ingredients, including nicotine
  4. Women who are pregnant or breastfeeding
  5. Any person who cannot use tobacco products because of underlying medical conditions, such as asthma or other lung conditions, depression, heart disease, high blood pressure, diabetes, or stomach ulcers.

SOURCE Bidi Vapor, LLC

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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.

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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.


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