Altria and NJOY Sue ITC, Claim Judge Appointment Process Is Unconstitutional

Key Points

• Altria and NJOY filed a constitutional challenge against the ITC’s appointment of ALJs.
• The lawsuit seeks to halt a Juul-led patent investigation.
• The companies say ITC judges’ appointment and removal processes violate Articles II and III.
• Juul alleges NJOY’s vaping products infringe its vaporizer patent.
• Case filed in Virginia’s Eastern District Court.

2Firsts, November 10, 2025 — According to Law360, Altria Group Inc. and its NJOY vaping unit sued the U.S. International Trade Commission (ITC) on Friday, arguing that the agency’s method of appointing administrative law judges (ALJs) is unconstitutional and asking a Virginia federal court to block a pending patent case filed by Juul Labs.

The companies contend that ITC ALJs are “inferior officers” who must be appointed by the president, a court, or a department head, rather than by the ITC chair alone. They further argue that the ITC’s appointment process and removal protections for judges violate the Constitution’s Appointments Clause and Article II.

Juul’s complaint, filed in August, accuses NJOY of importing and selling vaping devices that infringe its vaporizer patents. The ITC began investigating in September and assigned Administrative Law Judge Doris Johnson Hines to the case, with hearings scheduled through 2026.

Altria and NJOY also claim the ITC proceeding usurps judicial authority and deprives them of a jury trial under Article III and the Fifth and Seventh Amendments. The case is NJOY LLC et al. v. The International Trade Commission et al., No. 3:25-cv-00930, in the Eastern District of Virginia.