US ITC Issues Final Rulings on Disposable E-cigarette 337 Investigation

On May 14, 2024, the United States International Trade Commission (ITC) announced that it had made a final determination in the 337-TA-1381 investigation of Certain Disposable Vaporizer Devices and Components and Packaging Thereof. The Commission affirmed the administrative law judge's initial determinations (Nos. 20, 21) from April 18, 2024, and terminated the investigation against the named defendants EVO Brands, LLC of Wilmington, DE, and PVG2, LLC of Wilmington, DE, based on consent orders. The Commission also affirmed the administrative law judge's initial determination (No.24) from April 26, 2024, and terminated the investigation against the named defendant Shenzhen Fumot Technology Co., Ltd. of China based on a consent order.

On May 13, 2024, the United States International Trade Commission (ITC) issued a final ruling declining to review the initial ruling (No.18) made by the administrative judge on April 15, 2024, labeling defendant VICA Trading Inc. d/b/a Vapesourcing of Tustin, CA as an absent defendant.

On April 18, 2024, the United States International Trade Commission (ITC) issued a final ruling stating that they will not review the initial ruling (No. 15) made by the administrative judge on March 28, 2024, as the applicant has withdrawn their request. This decision terminates the investigation into the named defendant, Shenzhen Noriyang Technology Co., Ltd., of China.

On April 17, 2024, the U.S. International Trade Commission (ITC) announced its final ruling: a review was not granted for the initial ruling (No. 13) made by the administrative judge on March 25, 2024. As per a consent order, the investigation against the named defendant, China's Guangdong Shenzhen Innokin Technology Co., Ltd., has been terminated.

On March 4, 2024, the United States International Trade Commission (ITC) issued a final ruling not to review the initial ruling (No. 10) made by the administrative law judge on February 5, 2024. The defendant, Shenzhen Funyin Electronic Co., Ltd. of China, will be corrected to Shenzhen Funyin Electronic Technology Co., Ltd. of China.

On December 15, 2023, the United States International Trade Commission (ITC) voted to initiate a 337 investigation (Investigation No. 337-TA-1381) into certain disposable e-cigarette devices, components, and packaging.

On October 13, 2023, R.J. Reynolds Tobacco Company of Winston-Salem, North Carolina and R.J. Reynolds Vapor Company of Winston-Salem, North Carolina filed a 337 investigation application with the United States International Trade Commission (ITC), alleging that products exported from the United States, imported into the United States, and sold in the United States violated section 337 of the United States Code (false advertising, fictitious origin markings, unfair competition). They requested the ITC to issue a general exclusion order or limited exclusion order, as well as a cease and desist order.

The following companies are listed as defendants: Affiliated Imports, LLC of Pflugerville, TX; American Vape Company, LLC a/k/a American Vapor Company, LLC of Pflugerville, TX; Breeze Smoke, LLC of West Bloomfield, MI; Dongguan (Shenzhen) Shikai Technology Co., Ltd. of China; EVO Brands, LLC of Wilmington, DE; Flawless Vape Shop Inc. of Anaheim, CA; Flawless Vape Wholesale & Distribution Inc. of Anaheim, CA; Guangdong Qisitech Co., Ltd. of China; iMiracle (Shenzhen) Technology Co. Ltd. of China; Magellan Technology Inc. of Buffalo, NY; Pastel Cartel, LLC of Pflugerville, TX; Price Point Distributors Inc. d/b/a PrincePoint NY of Farmingdale, NY; PVG2, LLC of Wilmington, DE; Shenzhen Daosen Vaping Technology Co., Ltd. of China; Shenzhen Fumot Technology Co., Ltd. of China; Shenzhen Funyin Electronic Co., Ltd. of China; Shenzhen Han Technology Co., Ltd. of China; Shenzhen Innokin Technology Co., Ltd. of China; Shenzhen IVPS Technology Co., Ltd. of China; Shenzhen Noriyang Technology Co., Ltd. of China; Shenzhen Pingray Technology Co., Ltd. of China; Shenzhen Weiboli Technology Co. Ltd. of China; SV3 LLC d/b/a Mi-One Brands of Phoenix, AZ; Thesy, LLC d/b/a Element Vape of El Monte, CA; Vapeonly Technology Co. Ltd. of China; and VICA Trading Inc. d/b/a Vapesourcing of Tustin, CA.

Source: China Trade Remedies Information Network