ITC terminates investigation on Kimsun in e-cigarette dispute

Sep.25.2024
ITC terminates investigation on Kimsun in e-cigarette dispute
ITC terminates investigation on disposable e-cigarette devices, issuing settlement order to Kimsun in 337 case.

On September 23, according to the latest announcement by the U.S. International Trade Commission (ITC), in the 337 investigation case regarding certain disposable e-cigarette devices, the commission decided not to review the initial determination of the Administrative Law Judge (ALJ). This means that based on a mutually agreed settlement agreement, the investigation into Kimsun Technology (HuiZhou) Co., Ltd. has been terminated.


The investigation case number is 337-TA-1410, which began on July 22, 2024, brought by the plaintiffs RAI Strategic Holdings, Inc., R.J. Reynolds Vapor Company, R.J. Reynolds Tobacco Company, RAI Services Company, collectively known as the plaintiffs. They accused 35 companies, including Kimsun, of violating Section 337 of the Tariff Act of 1930. The plaintiffs claim that these companies have imported, sold, and/or sold after importation disposable e-cigarette devices and their components in the United States, infringing on their patents.


On August 16, 2024, Kimsun applied to terminate the investigation against it based on a consent order. On August 22, the Office of Unfair Import Investigations (OUII) supported the motion, with no opposition from other parties. On August 28, the Administrative Law Judge (ALJ) issued a preliminary ruling to terminate the investigation against Kimsun, stating that the consent order complied with ITC rules 210.21(c)(3) and (4), and that the termination of the investigation would not be against the public interest.


ITC decided not to review the ruling in the vote on September 23 and issued a consent order to Kimsun. This marks the end of the legal dispute for Kimsun in the 337 investigation case.


We welcome news tips, article submissions, interview requests, or comments on this piece.

Please contact us at info@2firsts.com, or reach out to Alan Zhao, CEO of 2Firsts, on LinkedIn


Notice

1.  This article is intended solely for professional research purposes related to industry, technology, and policy. Any references to brands or products are made purely for objective description and do not constitute any form of endorsement, recommendation, or promotion by 2Firsts.

2.  The use of nicotine-containing products — including, but not limited to, cigarettes, e-cigarettes, nicotine pouchand heated tobacco products — carries significant health risks. Users are responsible for complying with all applicable laws and regulations in their respective jurisdictions.

3.  This article is not intended to serve as the basis for any investment decisions or financial advice. 2Firsts assumes no direct or indirect liability for any inaccuracies or errors in the content.

4.  Access to this article is strictly prohibited for individuals below the legal age in their jurisdiction.

 

Copyright

 

This article is either an original work created by 2Firsts or a reproduction from third-party sources with proper attribution. All copyrights and usage rights belong to 2Firsts or the original content provider. Unauthorized reproduction, distribution, or any other form of unauthorized use by any individual or organization is strictly prohibited. Violators will be held legally accountable.

For copyright-related inquiries, please contact: info@2firsts.com

 

AI Assistance Disclaimer

 

This article may have been enhanced using AI tools to improve translation and editorial efficiency. However, due to technical limitations, inaccuracies may occur. Readers are encouraged to refer to the cited sources for the most accurate information.

We welcome any corrections or feedback. Please contact us at: info@2firsts.com

Malaysia's Poisons Board Backs New Vape Nicotine Exemption After Unanimously Opposing 2023 Proposal
Malaysia's Poisons Board Backs New Vape Nicotine Exemption After Unanimously Opposing 2023 Proposal
Malaysia's Poisons Board has endorsed Health Minister Dzulkefly Ahmad's proposal to exempt liquid nicotine used in vaping products from the Poisons List, according to a November 2, 2026, report by CodeBlue. The Board unanimously opposed a similar proposal in 2023, but the government proceeded with the exemption. The Kuala Lumpur High Court invalidated the 2023 decision in May 2026, and the government withdrew its appeal in August. No new ministerial order has been published. The development raises questions about the interaction between Malaysia's two regulatory frameworks and the treatment of RM354.51 million in excise duties collected on e-cigarette and vape products between May 2023 and June 11, 2026.
Regulations
Nov.03
Canada Health Minister Says She Is Not Considering Looser Nicotine Pouch Retail Rules as PMI-Linked Group Pushes for Wider Access
Canada Health Minister Says She Is Not Considering Looser Nicotine Pouch Retail Rules as PMI-Linked Group Pushes for Wider Access
Canadian Health Minister Marjorie Michel says she is not considering loosening retail restrictions on nicotine pouches. Canada regulates pouches containing 4 mg or less of nicotine per unit as non-prescription nicotine replacement therapy and requires newer NRT formats such as pouches to be sold from behind pharmacy counters. Meanwhile, Unsmoke Canada, linked to Philip Morris International's Canadian business, is pushing to allow pouches in convenience stores and other general retail outlets. Health Canada also acknowledges continued unauthorized sales, while recent research shows rising pouch use among Canadian youth aged 16 to 19.
Sep.24
Indonesia's Influential Islamic Body MUI Urges Vape Permit Freeze, Raising Uncertainty for 200 Manufacturers
Indonesia's Influential Islamic Body MUI Urges Vape Permit Freeze, Raising Uncertainty for 200 Manufacturers
Indonesia's Ulema Council (MUI) published Fatwa No. 131/2026 on November 9, declaring electronic cigarette use, production and trade haram under Islamic religious rules. The council urged the Industry Ministry to prohibit the issuance of vape industry permits and review licensing policies, while calling on the president and parliament to enact a comprehensive ban. On November 10, the Constitutional Court heard a challenge to provisions of the 2023 Health Law seeking a prohibition on vape production, importation, distribution and use. The Health Ministry said on November 11 it was studying stronger restrictions, including a possible ban on circulation, while industry association APVI called for tighter oversight rather than a total ban. Indonesia's Industry Ministry previously estimated the sector comprises about 200 companies, Rp31 trillion ($1.7 billion) in cumulative investment and approximately 100,000 supply-chain jobs. No nationwide statutory ban has been enacted.
Regulations
Nov.12
U.S. Expands Illicit Vape Enforcement as ATF Brings PACT Act Powers Into Trade Fraud Task Force
U.S. Expands Illicit Vape Enforcement as ATF Brings PACT Act Powers Into Trade Fraud Task Force
The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives said on September 23 that it has joined the interagency Trade Fraud Task Force to strengthen enforcement against illegal, misdeclared and smuggled vape and tobacco products. ATF will bring its authority under the Prevent All Cigarette Trafficking Act into the task force, including registration, reporting, shipping and record-inspection requirements covering interstate sales of electronic nicotine delivery systems. ATF said the move will strengthen its ability to trace illicit products from U.S. points of entry through domestic trafficking and distribution networks.
News
Sep.28 by 2Firsts Perspectives
Special Report | Can Nicotine Be Replaced? 6-MN Is Already on the Market While Key Human Evidence Is Still Missing
Special Report | Can Nicotine Be Replaced? 6-MN Is Already on the Market While Key Human Evidence Is Still Missing
Nicotine analogues such as 6-methylnicotine are already appearing in e-cigarettes and oral pouches, even as key human evidence remains limited. A new Nixodine-S study adds nonclinical data showing differences from nicotine in cytotoxicity and receptor activity, while independent studies point to a more complex toxicological picture. With supply-chain activity growing and FDA seeking clearer authority over nicotine analogues, the industry now faces a larger question: what evidence is needed before these substances can credibly replace nicotine?
SCIENCE
Sep.23
Athletes Back Skoka's $21.5 Million Nicotine Pouch Venture: Can Its Consumer Health Founder Make an FDA-Focused Strategy Pay Off?
Athletes Back Skoka's $21.5 Million Nicotine Pouch Venture: Can Its Consumer Health Founder Make an FDA-Focused Strategy Pay Off?
U.S. nicotine pouch startup Skoka Inc. has raised $21.5 million and committed $15 million to an FDA regulatory and scientific research program. Founder Dan Aziz previously built dietary supplement brand Premama, which was acquired by Dr. Reddy's Laboratories in 2023. Skoka is combining proprietary formulations, ingredient transparency and equity investment from professional athletes. The company submitted a bundled PMTA covering 55 products on October 1, 2026. Aziz said Skoka declined an opportunity to enter retail in 2025, prioritizing product research and regulatory submissions instead. It now targets a U.S. retail launch in 2027, subject to FDA requirements. Its products have not received marketing authorization.
Business
Nov.04