USITC Starts Investigation on Certain Vaporizer Devices and Cartridges

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The United States International Trade Commission (USITC) has started a new investigation. The official notice was published on December 23, 2025, in the Federal Register.

The investigation is about certain vaporizer devices, cartridges used with them, and their parts. This includes electronic nicotine delivery systems (called “ENDS” devices), also known as e-cigarettes. The parts covered include pods, pod mouthpieces, cartridge housings, cartridge bases, liquid nicotine solutions, atomizers, wicks, atomizer subassemblies, device subassemblies, and chargers.

Who Made the Complaint

The complaint was filed on September 22, 2025, and updated on December 3, 2025. The complainants are:

  • NJOY, LLC
  • Altria Group Distribution Company
  • Altria Client Services LLC

All three companies are based at 6601 W. Broad Street, Richmond, Virginia.

The complaint says that certain vaporizer products sold in or brought into the United States may be breaking the rules of the Tariff Act of 1930, Section 337. The complainants say that JUUL Labs, Inc. is violating the law by importing and selling products that use inventions covered under two United States Patents:

  • Patent No. 12,115,303 (the ‘303 patent)
  • Patent No. 12,194,227 (the ‘227 patent)

The investigation will look at claims 1-7 of the ‘303 patent and claims 1-6 of the ‘227 patent.

Who Is the Respondent

The respondent named in the investigation is:

  • JUUL Labs, Inc., 1000 F Street NW, Suite 800, Washington, DC 20004.

This company is the one NJOY and Altria accuse of patent infringement.

What the Investigation Will Cover

USITC will investigate if:

  • JUUL Labs, Inc. is selling or importing products that use the patented inventions without permission.
  • There is an industry for these products in the United States, or if one is being started, as required by law.

Possible Outcomes

The complainants want the Commission to issue:

  • A limited exclusion order (to stop the import of infringing products)
  • Cease and desist orders (to stop sales and other actions inside the United States)

How the Case Will Proceed

JUUL Labs, Inc. must reply to the complaint and notice within 20 days of being served. Late responses might be counted as giving up the right to respond. If JUUL Labs, Inc. does not answer on time, the Commission may assume the facts in the complaint are true and may issue orders as requested.

The Chief Administrative Law Judge from the USITC will choose a judge for the case. The Office of Unfair Import Investigations will not be part of this investigation.

Members of the public can view the complaint (except for confidential parts) on the Commission’s electronic docket at https://edis.usitc.gov. For more information, you may contact Susan Orndoff at the Office of Docket Services, USITC, at (202) 205-1802.

Notice Issued By

The notice was issued by Lisa Barton, Secretary to the Commission, on December 19, 2025.


Legal Disclaimer

This article includes content collected from the Federal Register (federalregister.gov). The content is not an official government publication. This article is for informational purposes only and does not constitute legal advice. For case-specific consultation, please contact us. Read our full Legal Disclaimer, which also includes information on translation accuracy.