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NJOY and Altria ask federal court to halt ITC proceeding, alleging multiple constitutional defects

Jan.08
NJOY and Altria ask federal court to halt ITC proceeding, alleging multiple constitutional defects
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.

Key Takeaways

 

• Court and docket: U.S. District Court, E.D. Va. (Richmond Division), No. 3:25-cv-00930-REP 

• Filing: Plaintiffs’ Reply in Support of Motion for Summary Judgment, filed Jan. 6, 2026 

• Parties: NJOY and Altria entities v. ITC, named commissioners and ITC ALJ Doris Johnson Hines 

• Core claims: Appointments Clause, removal protections, and Article III/public-rights analysis; request for permanent injunction 

• Schedule note: evidentiary hearing referenced as beginning April 22, 2026 

 

 

2Firsts, January 8, 2026 – Court filings in the U.S. District Court for the Eastern District of Virginia (Richmond Division) show NJOY, LLC, NJOY Holdings, Inc., Altria Group, Inc., and related entities filed a Plaintiffs’ Reply in Support of their Motion for Summary Judgment seeking summary judgment and a permanent injunction against the challenged ITC proceeding. 

 

The filing lists the defendants as the International Trade Commission and, in their official capacities, Chair and Commissioner Amy A. Karpel, Commissioners David S. Johanson and Jason E. Kearns, and ITC Administrative Law Judge Doris Johnson Hines. 

 

The reply advances constitutional arguments including Appointments Clause issues tied to statutory appointment authority discussed in connection with 19 U.S.C. § 1331, challenges to double for-cause removal protections for ITC ALJs, and Article III arguments relying on SEC v. Jarkesy and related public-rights/private-rights analysis. 

 

On injunctive relief, the filing cites precedent addressing harm from being subjected to an allegedly unconstitutional administrative proceeding and references the pace of the ITC schedule, noting an evidentiary hearing date of April 22, 2026. 

 

The plaintiffs ask the court to grant summary judgment and issue a permanent injunction against the ITC proceeding. 

 

Image Source: U.S. District Court 

References:
[1] Altria Escalates Court Bid to End Juul’s ITC Vape Patent Probe
Also Read:
[1] UPC Court of Appeal refuses to revive VMR’s European vape patent, upholding lack of inventiveness
[2] U.S. Fifth Circuit judges question FDA’s claim it has no de facto ban on flavored refillable e-cigarettes
[3] Juul Labs Files Lawsuit Against NJOY and Altria Over Patent Infringement

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