One of vaping’s most effective advocacy voices may have been silenced. NJOY, a pioneering e-cigarette manufacturer, has filed for Chapter 11 bankruptcy.
NJOY is most famous for the Sottera decision, in which the U.S. District Court held that the FDA could not regulate vapor products as unregulated drug delivery devices. After Judge Richard Leon ruled for Sottera (as NJOY was known), the FDA appealed. In December 2010, the U.S. Circuit Court of Appeals upheld Judge Leon’s decision, and the FDA began the long process of regulating vape as tobacco products.
NJOY was founded by Arizona attorney Mark Weiss. After blu E-Cigs was bought by Lorillard in 2012, NJOY was the largest e-cigarette manufacturer not owned by a tobacco company. They used their market strength as a platform to fund advocacy for vapor products.
Their lobbying efforts spilled over to the open-systems vapor companies, and to their trade organizations and even to consumer advocacy. Many who work now fighting for the vapor industry and for vapers credit NJOY’s Brian Fojtik and Pamela Gorman for valuable training and advice on dealing with legislators, especially at the state and local levels.
NJOY has primarily been a manufacturer of disposable cigalikes. But two years ago, the company introduced a line of premium e-liquid called The Artist Collection, four flavors mixed by well-known independent e-liquid creators. But the company was caught between its core business and the new and expanding market. It never really found a place in the open-systems world.