Tag: Elfbar

  • U.S. Court Reverses ‘Elf’ Trademark Suit

    U.S. Court Reverses ‘Elf’ Trademark Suit

    Image: Olivier Le Moal

    A ban on a Chinese company selling “Elfbar” vapes can’t stand because a district court failed to analyze whether the rightsholder’s use of “Elf” on an illegal product negated its trademark rights, the Federal Circuit court stated.

    “Elfbar” seller Shenzhen Weiboli Technology Co. Ltd. argued the “unlawful use doctrine” precluded a preliminary injunction as plaintiff VPR Brands LP failed to clear its “new tobacco product” with the government as required under federal law, according to Bloomberg.

    The U.S. Court of Appeals stated in its opinion that the district court wrongly dismissed the defense without considering the propriety of the doctrine, a proper standard or Weiboli’s evidence.

    The Federal Circuit ruled that the district judge who ordered the injunction “misread” precedent and relied on a “deficient” legal analysis.

    A U.S. federal judge on Feb. 23 ordered Shenzhen Weiboli Technology to stop marketing its Elfbar e-cigarettes in the U.S., finding that VPR Brands, which makes and sells Elf brand vapes, is likely to succeed on its claims that the Elfbar vapes infringe its trademark.

    According to U.S. District Judge Aileen M. Cannon, VPR has shown there is a likelihood of confusion and the company stands to suffer harm if its Chinese competitor is allowed to keep selling the Elfbar vapes.

    In November, VPR asked for an injunction blocking Shenzhen Weiboli from continuing to use the Elfbar mark, arguing the alleged infringement is costing VPR about $100 million because of the effect on future sales.

    VPR claims Shenzhen Weiboli is not only infringing VPR’s Elf trademark but also its patent for its e-cigarette device.

  • Retailers Face Civil Money Penalties

    Retailers Face Civil Money Penalties

    The retailers selling illegal flavored disposable vapes are under scrutiny. The U.S. Food and Drug Administration issued complaints for civil money penalties (CMPs) against 22 retailers for the illegal sale of Elf Bar/EB Design.

    The FDA previously warned each retailer in the form of a warning letter to stop selling unauthorized tobacco products, according to the agency. During follow-up inspections, the FDA observed the retailers had not corrected the violations, which resulted in the civil money penalty actions. 

    “The FDA has been abundantly clear that we are committed to using the full scope of our authorities, as appropriate, to hold those who break the law accountable,” said Brian King, director of the FDA’s Center for Tobacco Products (CTP). “These retailers were duly warned of what could happen if they failed to correct their violations. They chose inaction and will now face the consequences.”

    The complaints seek the maximum civil money penalty of $19,192 for a single violation from each retailer. While the FDA has issued civil money penalty complaints to retailers for selling unauthorized tobacco products in the past, this is the first time the agency is seeking CMPs for the maximum amount against retailers for selling illegal flavored disposable vapes.

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

    Courtesy: US FDA

    In addition to the CMP complaints, today the FDA announced an additional 168 warning letters to brick-and-mortar retailers for illegally selling Elf Bar/EB Design products. These warning letters were the result of a coordinated nationwide retailer inspection effort conducted throughout the month of August, according to the agency.

    Warning letter recipients have 15 working days to respond with the steps they have taken to correct the violation and ensure compliance with the law. Failure to promptly correct the violations can result in additional FDA actions such as injunction, seizure or civil money penalties.

    “We continue to monitor closely all those in the supply chain, including retailers, for compliance with federal law,” said Ann Simoneau, director of the Office of Compliance and Enforcement in the CTP. “This includes follow-up inspections and surveillance of those who have received a warning letter, and taking additional action, as appropriate, to enforce the law.” 

  • Elfbar to Rebrand as EB Design

    Elfbar to Rebrand as EB Design

    Photo: Olivier Le Moal

    Shenzhen Weiboli Technology Co. plans to relaunch its Elfbar e-cigarettes under the name EB Design in the United States after losing a trademark dispute in court, reports 2Firsts.

    On Feb. 23, a federal judge ordered Weiboli to stop marketing its Elfbar e-cigarettes in the U.S., finding that VPR Brands, which makes and sells Elf brand vapes, is likely to succeed on its claims that the Elfbar vapes infringe its trademark.

    In an interview with 2Firsts, Elfbar’s North American public relations manager said that while Elfbar would launch its new name in March, the brand would retain its original logo. The letters E and B in “EB Design” are believed to represent the initials of Elfbar.

    Elfbar’s American PR manager said the company would continue to focus on the United States. The brand’s U.S. suppliers and distributors market are aware of the name change and prepared for it, he noted.

  • U.S. Court Orders Halt to Elfbar Sales

    U.S. Court Orders Halt to Elfbar Sales

    Photo: md3d

    A U.S. federal judge on Feb. 23 ordered Shenzhen Weiboli Technology to stop marketing its Elfbar e-cigarettes in the U.S., finding that VPR Brands, which makes and sells Elf brand vapes, is likely to succeed on its claims that the Elfbar vapes infringe its trademark, reports Law360.

    According to U.S. District Judge Aileen M. Cannon, VPR has shown there is a likelihood of confusion and the company stands to suffer harm if its Chinese competitor is allowed to keep selling the Elfbar vapes.

    In November, VPR asked for an injunction blocking Shenzhen Weiboli from continuing to use the Elfbar mark, arguing the alleged infringement is costing VPR about $100 million because of the effect on future sales.

    VPR claims Shenzhen Weiboli is not only infringing VPR’s Elf trademark but also its patent for its e-cigarette device.

    While there is no direct evidence that Shenzhen Weiboli deliberately intended to adopt the Elf mark to take advantage of the existing trademark, Judge Cannon wrote that the company was well aware of the Elf mark and that there was potential for confusion, as the U.S. Patent and Trademark Office denied the registration of an Elfbar trademark specifically for those reasons.

    VPR welcomed the judge’s decision. “VPR is pleased that the court found Elf is a strong trademark and granted the injunction,” said Joel B. Rothman of Sriplaw, which represented VPR in the case. “The injunction will allow VPR to move quickly against infringers and counterfeiters in the marketplace.”

    An attorney for Shenzhen Weiboli said the company intends to appeal the order.

  • Elf Bar Comments on E-Liquid Controversy

    Elf Bar Comments on E-Liquid Controversy

    Image: carmenbobo | Adobe Stock

    After U.K. retailers announced they would remove Elf Bar 600 products from shelves due to illegal levels of e-liquid, Elf Bar called a meeting with the Medicines and Healthcare products Regulatory Agency (MHRA). Elf Bar subsequently released a statement regarding the controversy.

    “Recent press reports alleged questions around the compliance of the Elf Bar 600 on the U.K. market,” a company press release stated. “Subsequent to these allegations, we immediately initiated a full investigation of the Elf Bar 600 in the U.K. market and have found that some products exceeded the permitted e-liquid fill level. Although this issue means the products are not compliant in full with U.K. regulations, we did not find any issues with nicotine strength or anything that might mean the products’ safety is compromised in any way.

    “MHRA indicated that their recommendation is for the product to be withdrawn from the market.

    “We agree with this recommendation and will voluntarily carry out a withdrawal of noncompliant Elf Bar 600s from the U.K. market. We will be assisted in ensuring the withdrawal is carried out effectively, and without causing any unnecessary market disruption, by a Trading Standards Primary Authority. We will update all of our distribution and retail partners when we have agreed how this corrective action will be enacted.

    “Although the investigation and definition of corrective actions for the Elf Bar 600 has been undertaking, we have also committed to investigate all other vape products that we export to the U.K. We will take any actions we deem to be required to ensure compliance across our entire product set.”

    Elf Bar was joined by the U.K. Vaping Industry Association (UKVIA) and the IBVTA in the meeting.

    “Although Elf Bar is not a member of the UKVIA, as the industry’s lead trade association, it was key that we were present at such a critical meeting to represent the interests of all businesses in the sector impacted by this highly regrettable situation,” the UKVIA said in a statement. “The decision by Elf Bar to voluntarily withdraw its noncompliant products, recently highlighted in the media, is absolutely the right one.

    “If the industry is going to be accepted as playing a leading role in helping Britain achieve its smoke-free targets, it has to demonstrate the highest levels of compliance, standards and responsibility, which the UKVIA expects.”

  • U.K. Supermarkets Stop Selling Elfbar Vape

    U.K. Supermarkets Stop Selling Elfbar Vape

    Photo: Elfbar

    U.K. supermarkets are removing Elfbar 600 disposable electronic cigarettes from their shelves after the product was found to contain higher-than-allowed volumes of nicotine e-liquid, reports ITV News.

    “We have temporarily removed one Elfbar vape line from sale as a precautionary measure whilst the manufacturer urgently investigates these claims,” a Tesco spokesperson said.

    Sainsbury’s followed suit with a spokesperson saying: “We are in close contact with our supplier and have temporarily removed the affected Elfbar product whilst they investigate further.”

    Morrisons has gone a step further and has stopped the sale of the whole Elfbar 600 range.

    “As part of our ongoing investigation into the legal compliance of Elfbar 600 disposable electronic cigarettes with Trading Standards, we have made the decision to remove all flavored variants from sale,” a spokesperson told ITV News.

    “The products will only be returned to sale once stock that fully complies with U.K. legislation becomes available.”

    The supermarkets acted after a Daily Mail investigation found Elfbar 600s to have at least 50 percent more than the legal limit for nicotine e-liquid. E-cigarettes bought at branches of Sainsbury’s, Tesco and Morrisons contained between 3 mL and 3.2 mL of e-liquid, when the legal limit is 2 mL.

    Elfbar attributed the breach to accidental overfilling. “It appears that e-liquid tank sizes, which are standard in other markets [such as the U.S.], have been inadvertently fitted to some of our U.K. products,” a company spokesperson told the Daily Mail.

    “We wholeheartedly apologize for the inconvenience this has caused.”

  • Elfbar Warns of Fake Vapes

    Elfbar Warns of Fake Vapes

    Photo: Elfbar

    Potentially dangerous counterfeit disposable vaping products are flooding into the U.K. market, according to an investigation by Elfbar, a Chinese manufacturer. The company warns retailers and consumers that the illegal products are produced in “squalid Chinese factories with no license for manufacturing and regard for product safety.”

    Since June 2021, Elfbar has cracked down on more than 120 counterfeit production and sales targets, including factories, warehouses, logistics and foreign trade companies. Its actions have resulted in the seizure of more than 2 million finished counterfeit Elfbar products, millions of packaging boxes, anti-counterfeit codes, semi-finished vaping pipes and other accessories, according to the company.

    Elfbar CEO Victor Xiao said consumers would be horrified if they saw the conditions in which these products are made. “The criminals behind these counterfeit products care nothing about product safety or the health of consumers, and they cut every corner possible to maximize their profits,” he said in a statement. “Quite frankly, the conditions in these factories are absolutely squalid, where workers man production lines in filthy conditions with no regard to hygiene at all.”

    Elfbar said that manufacturers and retailers have an important role in protecting consumers.

    “While it can be hard to tell a fake product from the real thing just by looking at it, there is no excuse for any retailer to sell a counterfeit Elfbar product. Retailers can scan a code on the packaging to check the authenticity of the product, and we urge them to do this for every product they sell,” Xiao said.

    John Dunne, director general of the U.K. Vaping Industry Association, applauded Elfbar for standing up against the counterfeiters.

    “They pose a significant risk to the harm reduction reputation of the global vaping industry,” he said. “It’s why we have called for a retail licensing scheme here in the U.K. to prevent the sale of illicit products and much higher penalties of at least £10,000 [$12,058] per instance for retailers who break the law in this way,” he said. “Similarly, the counterfeiters and those who trade fake vapes along the supply chain need dealing with in a way by the relevant authorities that put them off from doing it ever again.”