Tobacco Asia

34 tobaccoasia PRODUCT NEWS 产品新闻 Elfbar Wins 'ELF' Global Trademark Lawsuit Elfbar secured a major legal victory over its "ELF" trademark, but the bigger battle could still be waiting behind US vape shop counters. The company announced a permanent settlement with VPR Brands LP, ending a three-year dispute and confirming Elfbar's ownership of all ELF-forma- tive trademarks, including ELFBAR, ELFA, and ELFLIQ, across major global markets. Under the agreement, VPR will withdraw all litigation, cease using the 'ELF' name on products and relinquish future claims tied to the trademark. "With this resolution, we cement our full-package, legitimate claims to the 'ELF' trademark," an Elfbar spokesperson said. The settlement covers major regions including the US, Canada, the UK, and the European Union, effectively ending one of the more high-profile trademark disputes in the vape industry. "With this resolution, we cement our full-package, legitimate claims to the 'ELF' trademark, which rightfully belongs to Elfbar. This also largely helps keep our global trademark portfolio and brand strategy intact," said an Elfbar spokesperson. In mainland China, several favorable court rulings and intellectual property decisions from 2020 to 2024 reinforced Elbar's lawful rights to the "ELF" trademark in this dispute. This decision helps the company secure global ownership of the "ELF" trademark. Elfbar remains committed to protecting its intellectual property worldwide, including in key markets in 2025, such as the Czech Republic, Germany, and Slovakia, and will take further action, the company said. But even as the legal battle concludes, enforcement challenges persist—especially in the Elfbar secures global "ELF" trademark rights, but counterfeit products continue to proliferate across US retail channels. Credit; Elvobar, CC1.0. United States. Elfbar stated that infringing products exploiting its brand name are "rampant" in the US, where it has not shipped authorized products since February 2023. That gap has formed a vacuum. Thousands of US convenience stores and vape shops sell counterfeit Elfbar products to unknowing consumers. "None of the products currently marketed in the US bearing the 'ELF' trademark… is manufactured, shipped, supplied, or authorized by the brand," the company said. The situation highlights a broader problem in the US nicotine market, where unauthorized disposable vapes fill retail shelves, often bearing familiar brand names without clear supply chains or regulatory approval. For Elfbar, winning the trademark gives a stronger legal basis to challenge those products—but it doesn't fix the core enforcement issue. "We will conscientiously enforce our rights globally to safeguard adult users from counterfeit and imitation products," the company said. The dispute itself dates back several years and included multiple rulings in China between 2020 and 2024 that supported Elfbar's claim to the trademark. - Timothy S. Donahue Korea Closes Synthetic Nicotine Loophole South Korea brought synthetic nicotine e-cigarettes under its tobacco laws, tightening oversight to address rising youth vaping and closing a long-stand- ing regulatory gap. According to the Ministry of Health and Welfare, revisions to the Tobacco Business Act took effect April 24. The updated law includes synthetic nicotine products within the legal definition of tobacco, ending their previous exemption under rules that covered only nicotine derived from tobacco leaves. Authorities have banned the use of these e-cigarettes in smoke-free areas and imposed fines of up to KRW100,000 (US$69) for violations. The government also prohibits all online sales. Retailers must apply for official tobacco retailer designation from the relevant authority to continue selling the products. Businesses that continue sales without designation may face penalties of up to six months' imprisonment or fines of up to KRW5 million (US$3,450). Applications can be submitted in person to local township offices or, depending on location, to county authorities or filed by mail. The revised rules also tighten marketing restrictions aimed at youth. Manufacturers must place warning images and text on packaging. The government is prohibiting flavor descriptors such as "mango," "mint," and "sweet," along with related imagery, on e-liquid containers. Violations of packaging rules carry fines of up to KRW5 million. Existing retailers that sold synthetic nicotine products before December 23, 2024 could qualify for a temporary exemption from the 50-meter minimum distance requirement between tobacco retail outlets until April 23, 2028, if they submitted supporting documents. However, businesses under this special measure could sell only synthetic nicotine e-cigarettes. Authorities would cancel their designation if they also sold conventional tobacco products. After the grace period ended all retailers must comply with distance rules and obtain designation. Data from the Korea Disease Control and Prevention Agency (KDCA) showed that youth vaping prevalence reached 2.9% in 2025, compared with 3.3% for conventional cigarette use. Among young smokers, 61.4% reported using both. Indonesia Weighs Vape Ban Indonesia is considering a ban on e-cigarettes as part of a broader revision of its narcotics and psychotropic substances law, following concerns over the use of vape devices to consume illicit drugs. The proposal, put forward by the National Narcotics Agency (BNN), would include both vaping devices and liquids in the draft legislation currently under review by parlia- ment. Lawmakers have indicated the measure could be incorporated into the bill, which sits within the country's 2025–2029 legislative priorities.

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