In re NJOY, Inc. Consumer Class Action Litigation

A court ruled that a lawsuit against e-cigarette maker NJOY could not proceed as a class action. Potential class members had asserted that NJOY: (1) conducted misleading advertising indicating that e-cigarettes are safer than regular cigarettes; and (2) omitted information on its packaging about product ingredients and the risks of such ingredients. The court affirmed an earlier ruling prohibiting the lawsuit from proceeding as a class action, saying that class members failed to demonstrate how damages can be proven for the entire class. Specifically, the court said that the class was not able to show how it could calculate the difference between the price paid by consumers of NJOY and the true market price that reflects the impact of the unfair or fraudulent business practices. Although the ruling means that the case may not proceed as a class action, individuals may sue NJOY independently.  


In re NJOY, Inc. Consumer Class Action Litigation, Case No. CV 14-428-JFW (JEMx), (Feb. 2, 2016).

  • United States
  • Feb 2, 2016
  • U.S. District Court, Central District of California



  • Ben Z. Halberstam
  • Kathryn Thomas


  • NJOY, Inc.
  • Sottera, Inc.

Legislation Cited

California Consumers Legal Remedies Act (CRLA)

California Unfair Competition Law (UCL)

Florida Deceptive and Unfair Trade Practices Act (FDUPTA)

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product