Elf Bar, once the most recognizable name in disposable vapes, has gone through a trademark lawsuit, a forced rebrand in the United States, FDA enforcement actions, and an outright ban on its disposable products in the UK. If you’ve noticed Elf Bars getting harder to find or showing up under unfamiliar names, here’s why.
The Trademark Lawsuit That Forced a Name Change
In October 2022, a company called VPR Brands filed a lawsuit against Elf Bar’s parent company in a Florida federal court, alleging trademark infringement over the word “ELF.” By February 2023, a judge approved a preliminary injunction that effectively barred Elf Bar from using its name in the American market. The company had to rebrand quickly to keep selling products in the U.S.
The initial replacement name was “EB Design,” but the company changed course shortly after and settled on “EB Create” as its permanent U.S. brand name. So if you’ve seen EB Design or EB Create products and thought they looked familiar, they’re the same manufacturer and the same devices, just with new labels.
The legal battle dragged on for over three years before the two sides reached a settlement in January 2026. Elf Bar’s parent company agreed to pay $5.25 million total (with VPR receiving $3.2 million after legal fees). In exchange, VPR transferred ownership of its ELF trademark and agreed to withdraw all related trademark disputes in the U.S., EU, UK, and Canada. VPR was given 75 days to sell off remaining ELF-branded inventory but can no longer produce new products under that name.
FDA Crackdowns in the U.S.
The name change was only part of the story. Elf Bar products have never received marketing authorization from the FDA, which means they are technically illegal to sell in the United States. Every e-cigarette and vape product sold in the U.S. needs FDA approval, and Elf Bar (under any name) hasn’t obtained it.
The FDA issued an import alert covering all Elf Bar and EB Design products, giving customs officials the authority to seize shipments at the border. The agency also went after retailers directly, issuing complaints for civil money penalties against 22 stores caught selling Elf Bar or EB Design products. Each complaint sought the maximum fine of $19,192 per violation. Retailers that didn’t stop selling faced threats of injunctions, product seizures, and additional fines.
Despite all of this, Elf Bar products continue to circulate in the U.S. through unofficial channels. But the supply is far less reliable than it was in 2022, and what you find may not be genuine.
The UK Disposable Vape Ban
In the UK, where Elf Bar held a dominant market share, the government took a different approach. Rather than targeting the brand specifically, the UK banned all disposable vapes outright. As of June 1, 2025, retailers can no longer legally sell or supply any single-use vape device, including nicotine-free versions. If a device can’t be recharged and can’t be refilled or fitted with a replacement pod, it’s classified as single-use and is now illegal to sell.
The ban targets the supply side, not consumers. If you already own a disposable vape, possessing it isn’t a crime. But you won’t be able to buy new ones from any legitimate retailer. Reusable vapes that are rechargeable and designed for refillable pods or replaceable coils remain legal. The UK government is also introducing a new tax on vaping liquid starting October 2026, set at £2.20 per 10ml, with potential restrictions on packaging and flavors still under discussion.
The Company Behind the Brand
Elf Bar is manufactured by a company called Heaven Gifts, which also manages Lost Mary, another widely sold vape brand. Heaven Gifts is based in China and operates globally. In the UK, the company formed an advisory board to navigate the shifting regulatory landscape. Despite the legal and regulatory setbacks, the parent company remains one of the largest vape manufacturers in the world, and Elf Bar continues to sell under its original name in markets outside the U.S. where the trademark dispute has been resolved.
Counterfeit Products Are Widespread
The combination of high demand and restricted supply has created a massive counterfeit problem. Fake Elf Bars have flooded the market, and many are difficult to distinguish from genuine products at a glance. The company offers a verification system on its website where you can scan a QR code or enter a security code printed on the packaging. Products that don’t pass this check are considered counterfeit.
Counterfeits aren’t just a branding issue. They pose real safety concerns. Fake devices often use low-quality e-liquid that produces unpleasant or off-tasting vapor, inconsistent materials that affect the vaping experience, and substandard batteries that can malfunction or overheat. If you’re buying from an unofficial source, especially in markets where the product is banned or unauthorized, the odds of getting a counterfeit are significantly higher.
Where Things Stand Now
In the U.S., the brand operates as EB Create and remains without FDA authorization, meaning it exists in a legal gray zone where enforcement is ongoing but products still circulate. In the UK, the disposable format that made Elf Bar famous is now banned entirely, pushing the company toward reusable device designs. In most other markets, Elf Bar continues to sell under its original name following the global trademark settlement with VPR Brands. The brand isn’t gone, but it looks very different depending on where you are.