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Elf Bar renamed to avoid import ban

Date:2023-10-18 10:06:10 Classification :【Statute】 Visits:
Elf Bar continues to ignore the US import ban, thanks to a simple but effective strategy: changing the name.

The products of Elf Bar, Lost Mary, and EB Design e-cigarette product manufacturer Imiracle, headquartered in China, were listed on the US Food and Drug Administration's import red list four months ago.

The company now imports disposable e-cigarette devices under different names such as EBCreate, EBDesign, and Airo Max. The renamed product also lists Chinese manufacturers that differ from FDA targets, such as iMiracle.

According to the Associated Press, convenience stores in Washington, D.C., Philadelphia, New York, and other cities still have sufficient inventory, and brightly colored e-cigarettes are sold in fruit flavors such as strawberries and melons, claiming that each device can accommodate 5.000 "puffs".

This renovation highlights the FDA's inability to prevent unauthorized e-cigarettes from mainly flowing into the United States through large shipping centers such as Los Angeles and Houston.

Electronic cigarette manufacturers have proven that they did not operate with integrity, "said Desmond Jenson, a lawyer at the Public Health Law Center. Unless there are some global measures to prevent the sale of illegal products, this will become the status quo

According to retail data tracking agency Nielsen, Elf Bar's sales in the United States exceeded $271 million last year. According to separate data previously obtained by the Associated Press, the brand landed in US stores in November 2021 and achieved sales of hundreds of millions of dollars in the 18 months before becoming a target for FDA regulatory agencies.

Two weeks after notifying Elf Bar of the import ban, the FDA submitted an EBCreate trademark application to the US Patent and Trademark Office. This application was filed by the same patent lawyer who submitted Elf Bar's previous application. However, unlike these documents, they do not mention Elf Bar's parent company, iMiracle Shenzhen Technology. On the contrary, the application lists a Hong Kong company, Nevera HK Limited, which is also listed on the new EBCreate e-cigarette packaging.

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