U.S. International Trade Commission Starts Investigation on Vaporizer Devices and Components

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On August 8, 2025, JUUL Labs, Inc. from Washington, DC, filed a complaint with the U.S. International Trade Commission. The complaint is under section 337 of the Tariff Act of 1930, as amended.

The case is about certain vaporizer devices, cartridges used with these devices, and their parts. The complaint says these products are being imported, sold for importation, or sold in the U.S. after being imported. JUUL Labs claims these products infringe certain claims of U.S. Patent No. 12,156,533.

The complaint also says that there is an industry in the United States involved in this matter, as the law requires. JUUL Labs has asked the Commission to investigate and, after the investigation, issue a limited exclusion order and cease and desist orders.

On September 9, 2025, the U.S. International Trade Commission agreed to begin an investigation. The investigation will check if section 337(a)(1)(B) of the Tariff Act has been violated. It will focus on the importation, sale for importation, or sale in the U.S. after importation of the following products:

  • Vaporizer devices (also known as electronic nicotine delivery systems or ENDS)
  • Cartridges used with these devices
  • Components of these devices and cartridges, including cartridge housings, e-liquid nicotine salt formulations, heater components (also called atomizers), chargers, batteries, and subassemblies of these items

The investigation will also check if an industry in the U.S. exists in this area, as required by section 337(a)(2).

The named parties in this investigation are:

Complainant:

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

Respondents:

  • NJOY, LLC, 9449 N 90th Street, Suite 201, Scottsdale, AZ 85258
  • NJOY Holdings, Inc., 9449 N 90th Street, Suite 201, Scottsdale, AZ 85258
  • Altria Group, Inc., 6601 W Broad Street, Richmond, VA 23230
  • Altria Group Distribution Company, 6601 W Broad Street, Richmond, VA 23230
  • Altria Client Services LLC, 6601 W Broad Street, Richmond, VA 23230

The Chief Administrative Law Judge at the U.S. International Trade Commission will choose the presiding Administrative Law Judge for the investigation.

The Office of Unfair Import Investigations will not join as a party in this case.

Respondents must send their replies to the complaint and the investigation notice, following section 210.13 of the Commission’s Rules of Practice and Procedure. The deadline is no later than 20 days after the Commission sends the complaint and notice of investigation.

Extensions for the deadline will only be allowed if there is good reason. If a respondent does not reply on time, they may lose their right to contest the complaint. The Commission and the judge may take the facts as given in the complaint and notice. This can result in an exclusion order, a cease and desist order, or both, against the respondent.

For more information or to see the complaint (without confidential information), visit the Commission’s electronic docket at https://edis.usitc.gov.

The notice was issued by Sharon Bellamy, Supervisory Hearings and Information Officer, on September 9, 2025.


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