Vape manufacturers and distributors moved to dismiss consumer antitrust claims in consolidated multidistrict litigation pending in the U.S. District Court for the Northern District of California. In motions filed Feb. 20, Shenzhen Smoore Technology Co. Ltd. and Smoore International Holdings, along with distributor defendants 3Win Corp., Jupiter Research LLC, Canna Brand Solutions, and Greenlane Holdings Inc., argued that plaintiffs lack standing and have not plausibly alleged a price-fixing conspiracy. The case involves closed cannabis oil vaporization systems, with plaintiffs alleging agreements to set a price floor and restrict competing products.
Defendants contend they sell empty vape hardware, not cannabis-filled products, which they describe as a separate market, and argue consumers are too remote from the hardware market to bring antitrust claims. They further assert the complaint lacks specific pricing, market share, and foreclosure allegations, and maintain that revived claims under the Cartwright Act seek relief tied to products that remain illegal under federal law. The court has not yet ruled.