Puffco Corporation (Puffco) filed suit against KandyPens, Inc. for false advertising, unfair and deceptive trade practices, and trade libel.
The suit was filed on July 22, in the United States District Court for the District of Delaware. It claims violations of Delaware’s Uniform Deceptive Trade Practices Act, the Lanham Act, and Delaware Common Law.
Both companies are Delaware corporations, who are California-based and manufacture, advertise, and sell their products (electronic dab rigs and vape pens) in the continental U.S.
The 2019 class-action suit
Puffco accuses Kandypens of orchestrating a 2019 KandyPens class-action lawsuit against Puffco.
The suit was filed in the United States District Court District of Arizona, using Jacob Anderson as the plaintiff. Puffco claims Anderson is a close associate of Kandypens.
The case also alleges the high-end Puffco Peak dab rig had defective batteries and/or atomizers that break. Puffco denies it. The suit accused Puffco of fraud and not honoring its warranties. Which Puffco says is another false claim.
The Instagram campaign
The class-action lawsuit was voluntarily dismissed in August 2019.