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Tag: Elf Bar

  • ITC Rules ‘No Violation’ in RJR Complaint

    ITC Rules ‘No Violation’ in RJR Complaint

    The U.S. International Trade Commission issued a final determination in its investigation into certain disposable vaporizer devices, ruling that there was no violation of Section 337 in the case brought by R.J. Reynolds Tobacco Company, which targeted brands like Elf Bar and Geek Bar. This followed an earlier denial of a temporary exclusion order due to a lack of evidence regarding the likelihood of success on the merits.

    R.J. Reynolds began pivoting its legal strategy with a new investigation instituted by the USITC on March 3, which shifts focus to alleged violations of the PACT Act, state flavor bans, and tax laws by Chinese manufacturers and U.S. distributors. While the previous patent-based case is closed, the commission has begun its review of these new, broader regulatory and competition-based allegations.

    Following the ruling, the Vapor Technology Association’s executive director, Tony Abboud, issued a statement, saying, “The ITC’s decision represents a positive path forward for our industry. It proves that, unlike the misguided FDA, some federal agencies are still willing to stand up to corporate interests for the good of our free market and American public health. The ITC’s decision, rejecting all of the claims, is a decisive blow against those seeking to use government agencies to corner a market and a huge step for President Trump’s America First agenda. 

    “We appreciate the ITC referencing our submission in its final decision and take this inclusion as a sign that the ITC seriously listened to the concerns of the massive American independent vaping industry.” 

  • Reynolds Files Complaint with ITC Over Illicit Products

    Reynolds Files Complaint with ITC Over Illicit Products

    R.J. Reynolds Tobacco Co. and its subsidiaries have filed a complaint with the U.S. International Trade Commission seeking an investigation into alleged unlawful practices by Heaven Gifts International—the company behind Elf Bar and Geek Bar—along with its subsidiaries and nine U.S. distributors. According to Law360, the 247-page complaint accuses the respondents of selling flavored vaping products in jurisdictions where they are banned, selling products not listed in required state directories at the time of sale, and evading state and local excise taxes, conduct Reynolds frames as unfair competition under Section 337 of the Tariff Act and noncompliance with the PACT Act. The ITC has acknowledged receipt of the complaint and opened a public comment process.

    Reynolds argues that the alleged violations have enabled a large, illicit market that has significantly undercut lawful products such as its Vuse brand. The company pointed to FDA data showing that only 39 e-cigarette products and devices are currently authorized for sale in the U.S., including 16 from Reynolds and none from Heaven Gifts or its affiliates. Reynolds is seeking broad remedies, including a general or limited exclusion order blocking imports of the accused products, cease-and-desist orders against the named companies, and the imposition of a bond during the ITC’s 60-day presidential review period.

  • Altria Drops Suit as Elf Bar Exits California Market

    Altria Drops Suit as Elf Bar Exits California Market

    Elf Bar’s parent company, iMiracle, agreed to cease sales of flavored disposable vapes in California, effectively ending a protracted legal battle with Altria’s e-cigarette unit NJOY. Under a joint motion, iMiracle will accept a permanent injunction preventing it from selling or shipping flavored vape products into California and will also refrain from shipping to other jurisdictions if the products are likely destined for California.

    The lawsuit, initially filed in late 2023, alleged that iMiracle’s flavored products competed unfairly with NJOY’s FDA-authorized devices and violated California’s flavored tobacco ban and federal regulations. Most defendants in the original suit were dropped; iMiracle remained the principal target.

    Though iMiracle denies liability, it agreed that violation of the injunction would be treated as contempt of court. The settlement is conditioned on California maintaining its current flavor ban; if the law is repealed or amended substantially, the injunction may no longer apply.

  • Elfbar and Lost Mary Touting 281-Point Safety Testing Protocols

    Elfbar and Lost Mary Touting 281-Point Safety Testing Protocols

    The same week a report was released by UC Davis saying several large vape brands released more toxic metals than traditional cigarettes, Elfbar and Lost Mary announced a major expansion of their product safety measures, claiming they now follow an extensive 281-point testing protocol, including 142 tests on e-liquids, 22 on aerosols, 86 on device materials, and 31 reliability assessments.

    The brands reported completing 11,637 in-house tests in May 2025, following more than 120,000 tests conducted throughout 2024, with all products routinely tested to ensure compliance with UK, EU TPD, and AFNOR standards. “This comprehensive safety upgrade underscores both brands’ commitment to innovation and consumer protection in the vape market,” the companies said in a release.

  • Elfbar and Lost Mary Create Advisory Board

    Elfbar and Lost Mary Create Advisory Board

    Image: Mariakray

    Elfbar and Lost Mary have created a board in the U.K. to provide strategic advice for the brands.

    Board members are from across relevant disciplines in the U.K. with senior-level experience, including in the national and local government, the medical profession and law enforcement.

    The newly formed advisory board also serves Heaven Gifts, the company that manages Elfbar and Lost Mary.

    “The creation of this advisory board marks a milestone in the global operations of Elfbar and Lost Mary. This aligns with our long-term commitment as the responsible market leader for the vaping sector worldwide, and our exploration of the smoking cessation role vaping products play,” said Heaven Gifts Global Vice-President Victor Xiao in a statement.

    “This board further signals our intent to address concerns around, for example, youth vaping, the environmental impact, and illicit trade. Starting in the U.K., we are looking to bring this mechanism to more global markets, particularly those in Europe.”

    Members of the advisory board include Steve Bennett, former director of investigations at the National Crime Agency; George Eustice, former member of parliament and secretary of state for the department of environment, food and rural affairs; Susie Kemp, former CEO of Swindon Borough council and deputy chief executive of Surrey county council; Lord Porter, former council leader and chair of the Local Government Association; Sairah Salim-Sartoni, a health psychologist with extensive experience in smoking cessation and tobacco harm reduction; and Lord Walney, a former member of parliament and special advisor to Prime Minister Gordon Brown and Business Secretary Lord Hutton.

  • Retailers Fined for Selling Elf Bar

    Retailers Fined for Selling Elf Bar

    Photo: Gevorg Simonyan

    The U.S. Food and Drug Administration  is seeking civil money penalties (CMPs) from nine brick-and-mortar retailers and one online retailer for selling Elf Bar products.

    The FDA previously issued warning letters to these retailers for selling unauthorized tobacco products. However, follow-up inspections revealed that the retailers had failed to correct the violations.

    The agency is now seeking a CMP of $20,678 from each retailer.

    “The $20,678 CMP sought from each retailer is consistent with similar CMPs sought against retailers for the sale of unauthorized Elf Bar products over the last few months, including February and April of this year,” the FDA stated.

    The retailers can pay the penalty, enter into a settlement agreement, request an extension to respond or request a hearing. Retailers that do not take action within 30 days after receiving a complaint risk a default order imposing the full penalty amount.

  • Retailers Warned Over Unauthorized Vapes

    Retailers Warned Over Unauthorized Vapes

    Photo: Ljupco Smokovski

    The U.S. Food and Drug Administration has warned 61 brick-and-mortar retailers for selling unauthorized e-cigarette products. The offending businesses received warning letters citing the sale of disposable vapes marketed under the Elf Bar/EB Design and Lava brand names.

    Findings from the 2023 National Youth Tobacco Survey found that more than 50 percent of youth who use e-cigarettes reported using the brand Elf Bar; in 2023, the manufacturer of Elf Bar began marketing the product under the name “EB Design.” In addition, the brand Lava was identified as popular or youth-appealing by the agency following review of retail sales data and emerging internal data from a survey among youth. 

    The retailers have 15 working days to respond with the steps they will take to correct the violation and to prevent future violations. Failure to promptly correct the violations, the FDA warned, can result in additional actions such as an injunction, seizure and/or civil money penalties.

  • Penalties for Unauthorized Elf Bars

    Penalties for Unauthorized Elf Bars

    Photo: mehaniq41

    On Feb. 26, the U.S. Food and Drug Administration announced the filing of complaints for civil money penalties (CMPs) against 20 brick-and-mortar retailers for the sale of unauthorized Elf Bar e-cigarettes. The FDA previously issued each retailer a warning letter relating to their sale of unauthorized e-cigarettes. However, follow-up inspections revealed that the retailers had failed to correct the violations, and the agency is now seeking the maximum penalty amount of $20,678 for a single violation from each retailer.

    Including these complaints, the FDA has filed more than 100 CMP complaints against retailers for the illegal sale of Elf Bar e-cigarettes. Data indicate these products are appealing to youth. According to the 2023 National Youth Tobacco Survey, Elf Bar was the most commonly used brand among U.S. youth e-cigarette users; among middle and high school students who reported using e-cigarettes in the past 30 days, more than half said they used Elf Bar products during that period.

    “These retailers have not adequately addressed the violations noted in previous warnings from FDA regarding the sale of unauthorized e-cigarettes,” said Brian King, director of the FDA’s Center for Tobacco Products. “Their continued failure to comply with the law is inexcusable, and as is evidenced by today’s actions, we’re committed to holding them accountable for it.”

    As of Feb. 15, the FDA has issued more than 440 warning letters to and filed 100 CMP actions against retailers, including brick-and-mortar and online retailers, for selling unauthorized tobacco products. In addition to actions involving retailers, the FDA has issued more than 660 warning letters to manufacturers, importers and distributors for illegally selling and/or distributing unauthorized new tobacco products, including e-cigarettes. The agency has also filed CMP complaints against 50 e-cigarette firms for manufacturing unauthorized products and sought injunctions in coordination with the U.S. Department of Justice against seven manufacturers of unauthorized e-cigarette products.

  • Elf Bar Removing Some Flavors from U.K.

    Elf Bar Removing Some Flavors from U.K.

    Image: Tobacco Reporter archive

    Vaping brands Elf Bar and Lost Mary will remove dessert, candy and soft drink flavored disposable vapor products from the U.K. market, according to Vaping360.

    The brands make up more than half of the U.K.’s disposable vape sales, according to data firm NielsenIQ. They are owned by the Chinese firm Shenzhen iMiracle Technology, and it is unclear if the Chinese company will remove these flavors from other markets.

    Elf Bar has already ended U.K. sales of Bubble Gum and Cotton Candy flavors and renamed Gummy Bear “Gami,” according to the BBC.

    The decision is meant to help curb claims that the popular vapes are marketed to youth following a panic over youth vaping that has seen an uptick in the past couple years.

    Prime Minister Rishi Sunak proposed changes to the vaping laws in October. There is currently a public consultation to determine what actions to take.

    “The introduction of such a regime would mitigate children’s access to vapes and make it easier for the authorities to regulate the sale of vaping devices better. Furthermore, we believe it would help combat the growing illicit vape market and drive increased rates of vape recycling,” an Elf Bar spokesman said.

    Clive Bates of The Counterfactual questioned whether the move would silence the company’s critics. “Their detractors will take it as an in-principle admission of culpability and then build outward from that principle,” he said.

  • Supreme Shares Soar After Elf Bar Agreement

    Supreme Shares Soar After Elf Bar Agreement

    Image: Tobacco Reporter archive

    Shares in the U.K. vaping company Supreme rose 5 percent after the company announced it is now the “master distributor” for two leading U.K. vaping brands—Elf Bar and Lost Mary, reports City AM.

    The London-listed company expects the partnership to generate revenues of £25 million ($36.06 million) to £30 million over the next fiscal year ending March 2024.

    The news comes amid a political crackdown on vape products—especially for those underage.

    Sandy Chadha, CEO of Supreme, said the agreement will allow the group to “fully leverage its unique technical, regulatory, compliance and quality assurance capabilities within the vaping sector.”

    “We have seen a hugely positive response from both established and new retailers who view Supreme as an ideal partner to supply these products across the U.K.,” Chadha added.

    Supreme says its strong market presence, distribution network and compliance capabilities provide Elf Bar and Lost Mary with a “ready-made blueprint” distribution strategy.

    The company will report sales of the newly added brands separately from its existing vaping category, which includes Supreme’s proprietary 88Vape brand.

    Supreme nearly doubled revenues to £76.1 million this year, while posting an £8.6 million increase in gross profit.