FLER at APE

A filing in the U.S. District Court for the Eastern District of Virginia (Richmond Division) shows NJOY and Altria entities submitted a plaintiffs’ reply supporting their motion for summary judgment, arguing the challenged ITC proceeding is unconstitutional on multiple grounds, including ALJ appointment authority, removal protections, and Article III limits under the Jarkesy framework. The plaintiffs seek summary judgment and a permanent injunction barring continuation of the ITC proceeding.

Alan Zhao analyzes post-Operation Absolute Resolve geopolitics and the rise of “U.S.-referenced regulatory alignment” in South America’s novel tobacco market as U.S. influence grows. Using regulatory reliance, digitalized enforcement, and industrial shifts, he assesses how rule redesign may alter market access, competition, and supply chains, asking how firms can find durable certainty as order is rewritten.

The U.S. International Trade Commission has instituted a Section 337 investigation following a complaint filed by JUUL Labs, Inc. and VMR Products LLC. The complaint alleges that certain vaporizer devices, cartridges and related components infringe two U.S. patents. The investigation covers importation, sale for importation and post-importation sales in the United States, with the complainants seeking a limited exclusion order and cease and desist orders.

The e-cigarette brand JNR has recently launched its open-system product, JNR Whale, in the UK market, with the device now available through online retail channels such as Vape Sourcing and IDEA VAPE. The product features a 2+20 ml refillable configuration, combined with a dual mesh coil and a magnetic design, and is priced at approximately £11.99 across retail channels.

A bill endorsing a licensing system for tobacco and nicotine products has been recommended in Russia's State Duma.

The Guardian reports that British American Tobacco urged Zambian ministers to drop or delay ad and sponsorship bans and to soften a draft tobacco bill by shrinking health warnings, easing flavour restrictions and lowering penalties. Critics said the stance is hypocritical given similar rules apply in the UK.