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

Regulations by 2FIRSTS, edited by Sophia Lv
Jul.18.2024
USITC: 337 Investigation towards Disposable Atomizer Devices, 36 Companies Involved
USITC votes to investigate certain disposable atomizers, alleging patent infringement by 36 defendants including Breeze Smoke and Vapeonly Technology.

On July 17th, the United States International Trade Commission (USITC) voted to initiate an investigation into certain disposable atomization devices. The products involved in the investigation are detailed in the committee's investigation notice.

 

This survey is based on the complaints filed by RAI Strategic Holdings, Inc., RJ Reynolds Vapor Company, RJ Reynolds Tobacco Company, and RAI Services Company, all based in Winston-Salem, North Carolina on June 11, 2024. Supplementary complaints were filed on June 12, 2024, and July 1, 2024.

 

It is worth noting that the mentioned companies, RAI Strategic Holdings, Inc., R.J. Reynolds Vapor Company, R.J. Reynolds Tobacco Company, and RAI Services Company, are all subsidiaries of Reynolds American Inc. (RAI).

 

A supplementary appeal alleges that the United States violated Section 337 of the Tariff Act of 1930 by importing and selling certain disposable atomizer devices that infringe upon a patent claimed by the appellant. The appellant is requesting the U.S. International Trade Commission to issue a general exclusion order or limited exclusion order, as well as a cease and desist order.

 

The United States International Trade Commission has identified the defendants in this investigation, totaling 36 in total.

 

  • Breeze Smoke LLC, West Bloomfield, MI 
  • Dongguan (Shenzhen) Shikai Technology Co., Ltd., Guangdong Province, China 
  • Vapeonly Technology Co. Ltd., San Po Kong, Kowloon, Hong Kong 
  • iMiracle (Shenzhen) Technology Co. Ltd., Luohu District, Shenzhen, China
  • Guangdong Qisitech Co., Ltd., Dongguan, Guangdong Province, China
  • Fewo Intelligent Manufacturing Ltd., Dongguan City, Guangdong Province, China
  • Nevera (HK) Ltd., San Po Kong, Kowloon, Hong Kong
  • Guangdong Cellular Workshop Electronics Technology Co., Ltd, 
  • Dongguan City, Guangdong Province, China
  • Wonder Ladies Ltd., Tortola, British Virgin Islands
  • Sailing South Ltd., Tortola, British Virgin Islands
  • Marea Morada Ltd., Tortola, British Virgin Islands
  • Social Brands, LLC, Dallas, TX
  • Zhuhai Qisitech Co., Ltd., Zhuhai, Guangdong Province, China
  • Shenzhen Han Technology Co., Ltd., Shenzhen, Guangdong Province, China
  • Palma Terra Ltd., Tortola, British Virgin Islands
  • Shenzhen IVPS Technology Co., Ltd., Shenzhen, Guangdong Province, China
  • Heaven Gifts International Ltd., San Po Kong, Kowloon, Hong Kong
  • Maduro Distributors d/b/a The Loon, Minneapolis, MN
  • Bidi Vapor, LLC, Orlando, FL
  • Kimsun Technology (HuiZhou) Co., Ltd., Shenzhen, Guangdong Province, China 
  • Shenzhen Yanyang Technology Co., Ltd., Shenzhen, Guangdong Province, China
  • Pastel Cartel, LLC, Austin, TX
  • American Vape Company, LLC, Pflugerville, TX
  • Affiliated Imports, LLC, Austin, TX
  • Shenzhen LC Technology Co., Ltd., Shenzhen, Guangdong Province, China
  • LCF Labs, Inc., Ontario, CA
  • Shenzhen Kangvpe Technology Co., Ltd., Bao’an District, Shenzhen, Guangdong Province, China
  • Flumgio Technology Ltd., Tuen Mun, N.T., Hong Kong
  • Shenzhen Pingray Technology, Shenzhen, Guangdong Province, China
  • SV3, LLC d/b/a Mi-One Brands, Phoenix, AZ
  • Price Point Distributors Inc. d/b/a Price Point NY, Farmingdale, NY
  • Flawless Vape Shop Inc, Anaheim, CA
  • Flawless Vape Wholesale & Distribution Inc., Anaheim, CA
  • TheSy, LLC d/b/a Element Vape, Alhambra, CA
  • VICA Trading Inc. d/b/a Vapesourcing, Tustin, CA

 

Through the initiation of this investigation (337-TA-1410), the United States International Trade Commission has not made any substantive decisions on the case. The Chief Administrative Law Judge of the United States International Trade Commission will assign the case to an Administrative Law Judge (ALJ), who will arrange and conduct an evidentiary hearing. The ALJ will issue an initial determination on whether there is a violation of Section 337; this initial determination will be subject to review by the Commission.

 

The United States International Trade Commission will soon make a final determination on the investigation. Within 45 days of the start of the investigation, the United States International Trade Commission will set a target date for completion of the investigation. Remedial orders for Section 337 cases issued by the United States International Trade Commission will take effect upon publication and become final within 60 days of publication, unless the US Trade Representative rejects approval within the 60-day deadline for policy reasons.

 

337 investigation

 

Section 337 investigation is a type of investigation conducted by the United States International Trade Commission (USITC) under Section 337 of the Tariff Act of 1930. Its main goal is to address unfair import practices, especially those involving the infringement of United States intellectual property, including patents, trademarks, and copyrights.

 

Initiate investigation:

 

337 investigations are typically initiated by patent holders or other interested parties in the United States. After receiving a complaint, the USITC will decide within 30 days whether to launch an investigation. If an investigation is initiated, the USITC will appoint an Administrative Law Judge (ALJ) to oversee the case and establish a timetable and rules for the investigation.

 

Investigation process:

 

During the investigation, administrative judges will hold an evidentiary hearing where both parties can submit evidence, question witnesses, and present arguments. The administrative judges will then issue a preliminary ruling to determine if there has been a violation of Section 337. The preliminary ruling will be reviewed by the USITC.

 

Judgement and Remedial Measures:

 

If the USITC determines that there is a violation of Section 337, it can issue an Exclusion Order prohibiting the import of infringing products. In addition, it can also issue a Cease and Desist Order, prohibiting the sale of these products in the United States.

 

The exclusion order is divided into a General Exclusion Order and a Limited Exclusion Order. The former applies to all infringing products, while the latter only applies to specific defendants or specific products.

 

Difference between federal courts

 

No Damages: The USITC cannot award damages like a federal court, but can issue exclusion orders more quickly. Tight Schedule: Processing times for 337 investigations are typically shorter, usually completed within 12 to 15 months.

 

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

Exclusive Analysis | Smoore H1 Revenue Rises 19.9% Amid Growth Concentration, Profit Pressure and Slowing Momentum
Exclusive Analysis | Smoore H1 Revenue Rises 19.9% Amid Growth Concentration, Profit Pressure and Slowing Momentum
Smoore’s first-half 2026 revenue rose 19.9%, but the results revealed growing structural risks beneath the headline growth. Heat-not-burn contributed about 61% of incremental revenue and remains driven largely by one core customer, while traditional vaping markets diverged, own-brand growth slowed and China enterprise revenue declined further. Gross profit and adjusted profit lagged revenue growth, while second-quarter revenue growth slowed to about 1.9%, putting greater focus on the quality, concentration and sustainability of Smoore’s expansion.
Capital Markets
Aug.20
Product | PMI Pilots bonds by IQOS and blends in Japan, Testing a New Heated Tobacco Platform
Product | PMI Pilots bonds by IQOS and blends in Japan, Testing a New Heated Tobacco Platform
Philip Morris International (PMI) has launched a regional pilot of bonds by IQOS and dedicated blends tobacco sticks in Japan, introducing a new heated tobacco platform separate from the IQOS ILUMA ecosystem. The system uses Round Heat Technology with an external heating architecture, differentiating it from IQOS ILUMA’s induction-based platform. The pilot began on July 6, 2026, across three Japanese prefectures: Fukuoka, Saga and Nagasaki.
Jul.30
Kuwait Tightens Tobacco and Nicotine Rules, Bans Under-21 Sales and Extends Public Smoking Restrictions to Vapes and Heated Tobacco
Kuwait Tightens Tobacco and Nicotine Rules, Bans Under-21 Sales and Extends Public Smoking Restrictions to Vapes and Heated Tobacco
Kuwait has issued a comprehensive new regulatory framework covering tobacco, e-cigarettes, heated tobacco and other nicotine products. Ministerial Decision No. 237 of 2026, signed by Health Minister Ahmad Al-Awadhi, will take effect on January 1, 2027. The rules prohibit sales to people under 21 and ban sales through websites, apps, social media and delivery services. E-cigarettes and heated tobacco products will also be treated as smoking in public and enclosed places where smoking is prohibited. Nicotine pouches and other oral nicotine products not registered as medicines are banned.
Regulations
Aug.17 by 2Firsts Perspectives
UK PM Andy Burnham Reshapes Vape Retail Rules as Licensing Could Raise Barriers for New Shops
UK PM Andy Burnham Reshapes Vape Retail Rules as Licensing Could Raise Barriers for New Shops
UK Prime Minister Andy Burnham is pushing a high street reform agenda that could give local authorities greater powers over commercial activity, including vape retail. The reforms could involve expanded planning powers and a potential vape retail licensing system, allowing councils to play a larger role in store locations and market access. The measures are part of the UK’s broader shift toward tighter vape regulation, although no nationwide vape retail restrictions have yet been implemented.
Aug.11
JUUL2 Sued Within a Week of FDA Authorization as AJ Marketing Alleges Infringement of Programmable Vape Patent
JUUL2 Sued Within a Week of FDA Authorization as AJ Marketing Alleges Infringement of Programmable Vape Patent
Less than a week after JUUL2 received U.S. FDA marketing authorization on August 28, 2026, JUUL Labs was sued for patent infringement in federal court in Delaware. AJ Marketing LLC filed the complaint on September 3, alleging that both JUUL 1 and JUUL2 infringe U.S. Patent No. 8,851,068 B2. The patent covers aspects of programmable electronic vaporization devices, including controls over dose delivery, usage frequency and operating parameters. The plaintiff is seeking reasonable royalties and ongoing royalties tied to the remaining life of the patent. JUUL has not yet publicly responded to the case.
Sep.10
UK HMRC Plans 30,000 Retail Enforcement Actions as Illegal Tobacco and Vape Sellers Face Tougher Crackdown
UK HMRC Plans 30,000 Retail Enforcement Actions as Illegal Tobacco and Vape Sellers Face Tougher Crackdown
The UK government has announced that HM Revenue & Customs (HMRC) will carry out more than 30,000 interventions targeting businesses and retail premises during the 2026-2027 financial year. The actions will focus on tax fraud, illegal goods sales and businesses involved in unlawful activities through retail channels. The government said illegal tobacco and illegal vape sales remain areas of concern. The move shows that UK enforcement against illegal nicotine products is expanding from import and supply channels toward retail-level oversight, alongside the upcoming introduction of the Vaping Products Duty.
Jul.24