A significant legal battle over the sale of flavored disposable vapes in California has concluded with a major agreement. Elf Bar, a globally recognized vape brand, has agreed to stop selling its flavored products in the state. This settlement resolves a lawsuit initiated by NJOY, an Altria-owned company, and has far-reaching implications for the disposable vape market. Let’s break down the series of events that led to this decision and what it means for adult vape users.
The Lawsuit: NJOY vs. The Vape Industry
The story began in October 2023, when NJOY filed a sweeping lawsuit against 34 U.S. and Chinese vape manufacturers, distributors, and online retailers. The lawsuit, filed in the U.S. District Court for the Central District of California, targeted popular disposable vape brands including Elf Bar, Lost Mary, Esco Bar, and Puff Bar. NJOY sought an injunction to block the sale of these products nationwide, claiming that the widespread availability of flavored disposables was causing “irreparable harm” to the market performance of its own tobacco-flavored e-cigarettes.
What NJOY’s complaint didn’t mention was the impact these popular disposables were also having on the cigarette sales of its parent company, Altria.
In January 2024, the court dismissed the case against most of the defendants, ruling they had been improperly included. The lawsuit was narrowed down to focus only on companies associated with the Elf Bar brand, produced by iMiracle. Shortly after, NJOY withdrew the lawsuit altogether.
A New Lawsuit and a Permanent Injunction
The legal fight was far from over. Less than a month later, in February 2024, NJOY filed a new, more targeted lawsuit in the U.S. District Court for the Southern District of California. This time, the defendants were limited to iMiracle and its associated Elf Bar distributors and retailers. The scope was also narrowed to focus exclusively on sales within California, where a statewide ban on flavored vaping products has been in effect since December 2022.
The case progressed, and in December 2024, Judge Cynthia Bashant issued a preliminary injunction, halting four California retailers named in the suit from selling Elf Bar products. By June 2025, this injunction was made permanent.
Following this ruling, NJOY and iMiracle entered into settlement negotiations. In October, they informed the court they had reached an agreement and jointly filed for a permanent injunction to prohibit the sale and distribution of Elf Bar products throughout California.
It’s important to note that while the products are sold globally under the ELFBAR brand, a 2023 trademark dispute led iMiracle to rebrand in the U.S. The products are currently sold in the United States under the EBDESIGN brand name. iMiracle also manufactures other popular vape brands, such as Lost Mary.
What the Agreement Means for Vapers
This permanent injunction is a significant development for the California vape market. The agreement applies to iMiracle, its associated companies, and its authorized U.S. distributors, including major players like Mi-One Brands (Mi-Pod) and Element Vape, who were both named in the lawsuit.
Critically, the injunction also prohibits sales to distributors in other states if iMiracle has reason to believe the products will ultimately be redirected into California. This aims to close a common loophole where products banned in one state are purchased elsewhere and brought in for resale.
For adult vape consumers in California, this means that access to Elf Bar and EBDESIGN flavored products through legal retail channels will cease. The ban will remain in effect unless California repeals or modifies its current prohibition on flavored vapes. Any violation of the injunction will be treated as contempt of court, allowing NJOY to seek immediate relief without needing to file a new lawsuit.
Looking Ahead
This settlement marks a major victory for NJOY and Altria in their efforts to curb the massive popularity of flavored disposable vapes, which have become a dominant force in the market. While this legal battle focused on California, it could set a precedent for similar actions in other states with flavor bans.
For adult vapers who prefer the convenience and flavor profiles offered by brands like Elf Bar, this decision represents a significant restriction on their choices within the regulated market. The landscape for disposable vapes continues to shift, shaped by legal challenges, regulatory pressures, and the strategic moves of major industry players.
