Elf Bar Lawsuit: The Legal Battle and Rebranding 

Here is breaking news for vapers. No doubt, Elf Bar is a popular disposable vape brand. Unfortunately, it has faced an Elf Bar Lawsuit in the United States. Moreover, the corporation is rebranding itself in response to a trademark infringement action. This document consolidates the details of the lawsuit, the rebranding efforts, and related regulatory actions. So, let’s begin.

Elf Bar Lawsuit

According to Justia, VPR Brands applied for a trademark for “ELF” in 2017. It was registered in 2018 under categories including electronic cigarettes. Meanwhile, Elf Bar filed a US trademark application for “ELFBAR” in December 2020. However, it seems that the application has been abandoned.

Elf bar was operated by Shenzhen Miracle Technology Co. Ltd. Later, it faced a lawsuit from VPR Brands, a Florida company claiming rights to the “Elf” brand. This lawsuit was filed in the US District Court for the Southern District of Florida. In addition, a preliminary injunction prohibits Elf Bar from importing and selling its products in the US.

Furthermore, Elf Bar was often mentioned in reports of nicotine poisoning, especially in cases involving children under age 5. Despite not having FDA authorization, Elf Bar became the best-selling disposable e-cigarette in the US by late last year.

Elf Bar Lawsuit

FDA Actions Against Elf Bar

The FDA has taken several actions against Elf Bar. Warning letters were sent to 189 retailers selling unauthorized flavored disposable e-cigarettes, including Elf Bar. In addition, The FDA ordered the seizure of Elf Bar shipments at US ports because they lacked FDA authorization.

Customs and Border Protection worked together on the Elf Bar lawsuit. This was the first public report of effectively preventing Elf Bar from entering the US market. As a result, the preliminary injunction has banned the importation of Elf Bar-branded items into the United States. Nonetheless, merchants and distributors not mentioned in the complaint can continue to sell their existing inventories. However, they must cease if they receive cease-and-desist letters.

Rebranding of Elf Bar

Elf Bar has rebranded its products to EBDESIGN. This update was confirmed by Elf Bar’s North America Manager in March 2023. Alongside their original brand logo, the products now prominently feature the EBDESIGN name.

The new design gives more importance to model numbers, which are now more prominent than the EBDESIGN brand name. It’s important to note that other brands like Lost Mary and Funky Republic remain unchanged.

Elf Bar Lawsuit

Counterfeit Concerns and Market Presence

Elf Bar has vigorously opposed counterfeit goods. They have shut down more than 20 factories that were producing counterfeit goods and seized millions of fake goods. Thus, US customers are encouraged to stay alert regarding Mythical being Bar-marked items still on store shelves. This wariness arises because authentic imports have ceased.

Tobaccoreporter stated that over 1.4 million illegal e-cigarettes have recently been intercepted by US authorities. Elf Bar products and brands such as Lost Mary, Funky Republic, and EB Create were among them. The products, valued at $18 million, were seized at Los Angeles International Airport. Notably, they were mislabeled to avoid customs. Elf Bar products are still widely available in the United States despite regulatory actions. Shockingly, 56% of adolescents who vape use Elf Bar as mentioned in APnews. This value is double the rate of any other e-cigarette brand.

Bottom Line

Ultimately, Elf Bar faced a trademark lawsuit in the US and is rebranding as EBDESIGN due to legal challenges from VPR Brands. Despite regulatory actions, there is a ban on Elf Bar imports. Yet, Elf Bar products are still prevalent. However, there are significant concerns about counterfeit items.

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