ITC Termination of Investigation: Bidi Vapor Dispute Resolution

Dec.09.2024

The U.S. ITC terminates investigation on Bidi Vapor after reaching agreement, based on patent infringement claims brought by multiple companies.

Recently, the U.S. International Trade Commission (ITC) announced a 337 partial final ruling on certain e-cigarette products (Certain Disposable Vaporizer Devices, investigation code: 337-TA-1410). The ruling stated that the administrative law judge's initial determination (No.26) made on November 5, 2024, would not be reviewed, and based on a consent order, the investigation against the named defendant Bidi Vapor, LLC of Orlando, FL, would be terminated and a consent order issued.

This means that the ITC has officially terminated its investigation into Bidi Vapor, LLC. This decision was based on a consent order agreement reached between Bidi Vapor and the relevant parties. The investigation was initiated on July 22, 2024 by RAI Strategic Holdings, Inc., R.J. Reynolds Vapor Company, R.J. Reynolds Tobacco Company, and RAI Services Company (referred to collectively as "Complainants"). These companies accused certain disposable vapor devices of infringing on their U.S. patent (Patent No. 11,925,202) and violating Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) during importation, sale, and use in the United States. The objects of the Commission's investigation included 35 companies from the United States, China, and other locations, including the defendant Bidi Vapor, LLC.

During the progress of the case, the respondent Jiying Technology has been removed from the investigation with the consent order, while Heaven Gifts and several other companies were found to be absent defendants for missing their defense.

On November 1, 2024, Bidi Vapor submitted a motion to the committee requesting to terminate the investigation against them based on a consent order agreement. The complainant and Office of Unfair Import Investigations (OUII) did not oppose this. On November 5, 2024, the Administrative Law Judge ruled that Bidi Vapor's request met the committee's requirements and terminated the investigation.

The committee voted on December 5, 2024, to not review the preliminary ruling and issued a consent order regarding Bidi Vapor.

References:

[1] UNITED STATES INTERNATIONAL TRADE COMMISSION Washington, D.C.

Also Read:

[1] ITC issues ruling on Certain Disposable Vaporizer Devices case

[2] USITC Decision: Extension of Deadline for E-Cigarette Investigation

[3] ITC terminates investigation on Kimsun in e-cigarette dispute

[4] USITC: 337 Investigation towards Disposable Atomizer Devices, 36 Companies Involved

#North America #United States #Disposable e-cigarettes #Regulation

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

Baltimore Moves to Zone Smoke Shops, Set Minimum Distance From Schools

Baltimore’s City Council in Maryland, building on recently enacted restrictions on “small box” dollar-store chains, has proposed a package of regulations for tobacco and vape retailers. The measures would create a standalone land-use category for “smoke shops,” establish distance buffers from schools and parks, limit exterior signage brightness, and schedule an informational hearing.

Oct.29 by 2FIRSTS.ai

Singapore Police Dismantle Cross-Border E-Cigarette Smuggling Ring, Arrest 12 and Seize Over 64,000 Devices

Singapore authorities crack down on cross-border e-cigarette smuggling syndicate, arresting 12 individuals and seizing over $43,000 worth of contraband.

Oct.20 by 2FIRSTS.ai

U.S. Lawmakers Seek to Empower HHS to Destroy Counterfeit Chinese Tobacco Products

Bipartisan members of the U.S. Congress have introduced the “Ensuring the Necessary Destruction of Illicit Chinese Tobacco Act” (END Act), seeking to amend the Federal Food, Drug, and Cosmetic Act to authorize the Department of Health and Human Services (HHS) to directly destroy adulterated, misbranded, or counterfeit imported tobacco products.Major tobacco companies, including Altria, along with several public health organizations, have announced their support for the bill.

Nov.11 by 2FIRSTS.ai

B.C. Plans World’s First E-Cigarette Public Health Accountability Law Aimed at “Deceptive Marketing”

British Columbia, Canada is advancing what it calls the world’s first e-cigarette Public Health Accountability law, granting the government authority to sue companies for “deceptive marketing.” The move puts public-health risks at the center of vaping industry compliance.