Tag Archive for: NJOY

NJOY Wins Final Vape Patent Battle at UPC Court of Appeal

NJOY secured a final victory in its long-running patent dispute when the Unified Patent Court (UPC) Court of Appeal in Luxembourg revoked VMR’s patent EP 3 456 214 in its entirety. The court ruled that the patent lacked an inventive step, overturning a previous decision by the European Patent Office (EPO). This ruling concludes a series of revocation actions NJOY filed against Juul Labs and VMR involving nine different vaporizer patents.

Key Takeaways:

  • Final Ruling: The UPC Court of Appeal revoked patent EP 3 456 214, ending the litigation.
  • Broad Dispute: NJOY originally challenged nine patents; all have now been revoked or invalidated.
  • EPO Alignment: Parallel proceedings at the EPO also resulted in the revocation of key Juul patents.
  • Legal Teams: McDermott Will & Schulte represented NJOY, while Thum IP and Bardehle Pagenberg defended VMR/Juul.
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NJOY vs. Elf Bar: Inside the Lawsuit Banning Flavored Vapes in CA

In a significant development for the U.S. vaping industry, the manufacturers of the popular but unauthorized Elf Bar brand have agreed to a permanent injunction, ceasing the sale and shipment of all their flavored disposable vape products in California. This agreement is the culmination of a nearly two-year legal battle initiated by NJOY, LLC, the e-cigarette company owned by tobacco giant Altria Group. The lawsuit, filed in the U.S. District Court for the Southern District of California, accused multiple defendants involved in the manufacturing, distribution, and sale of flavored disposable vapes of engaging in unfair competition and violating federal law, thereby harming NJOY’s market for its legally authorized, tobacco-flavored products. This case and its resolution offer a fascinating look at the high-stakes legal strategies being employed to combat the flood of illicit flavored vapes in the United States.

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NJOY Sues FDA Over Flavored Vape Application Delays

NJOY LLC, a subsidiary of tobacco giant Altria Group, has filed a federal lawsuit against the U.S. Food and Drug Administration (FDA), accusing the agency of unlawfully delaying its review of applications to market flavored e-cigarettes. The lawsuit, filed on August 21, 2025, in the Western District of Louisiana, argues that the FDA’s inaction has effectively created a “de facto flavor ban” on NJOY’s products, hindering its ability to provide adult smokers with reduced-risk alternatives while allowing a flood of unauthorized, illicit flavored disposable vapes to dominate the U.S. market.

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Juul Labs Files New Patent Infringement Lawsuits Against NJOY and Altria

Juul Labs has escalated its legal battle with competitors NJOY and its parent company, Altria, by filing new patent infringement complaints with the U.S. International Trade Commission (ITC) and the U.S. District Court for the District of Arizona. The latest lawsuits allege that the NJOY DAILY vapor product infringes on a patent owned by Juul Labs.

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Juul Wins Patent Dispute with Altria’s NJOY in ITC Ruling

Juul Labs Inc. has been cleared of patent infringement allegations brought by Altria-owned NJOY in a recent decision by the U.S. International Trade Commission (ITC). The ITC affirmed Administrative Law Judge Doris Johnson Hines’ January ruling, which found that Juul did not violate Section 337 of the Tariff Act by importing vaping products that Altria claimed infringed on two of its patents covering vaping technologies.

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US Bans Imports and Sales of Njoy Ace Vaping Products

The U.S. International Trade Commission (ITC) has ruled that Njoy Ace vaping products, owned by Altria, violate four patents held by Juul Labs. The decision, announced on Wednesday, prohibits the importation and sale of these devices in the U.S. until the patents expire in 2034 and 2037. The ruling is now under final review by the Office of the U.S. Trade Representative and could take effect as early as March 31, 2025.

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What’s the status of the e-cigarettes from tobacco giants?

As global regulatory measures for e-cigarettes continue to improve, more and more countries and regions are gradually including e-cigarettes in the category of tobacco products for management. Especially in the United States, the world’s largest e-cigarette consumer market, it was the first to classify e-cigarettes as tobacco products through the revision of relevant legislation, providing important reference value for the development of relevant laws in more areas. It seems that the ultimate destination for e-cigarettes can only be tobacco companies, which is also a kind of “return to the roots.”

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Altria Plans to Acquire NJOY for $2.75 Billion

Altria plans to buy US e-cigarette company NJOY Holdings for at least $2.75bn, according to sources cited by the Wall Street Journal. The move would diversify Altria, which sells Marlboro cigarettes in the US and has struggled to create additional revenue streams as smoking rates decline globally due to severe health risks. NJOY’s e-cigarettes, some of which can be sold in the US under Food and Drug Administration authorisation, would provide Altria with additional expertise in the sector. The purchase comes as Altria seeks to divest its stake in Juul Labs, which is preparing to file for Chapter 11 bankruptcy protection.

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