JUUL Labs Accuses NJOY and Altria of Patent Infringement; U.S. ITC Launches Section 337 Investigation

Sep.11.2025
JUUL Labs Accuses NJOY and Altria of Patent Infringement; U.S. ITC Launches Section 337 Investigation
The U.S. International Trade Commission (USITC) has instituted an investigation titled Certain Vaporizer Devices, Cartridges Used Therewith, and Components Thereof (II) based on a complaint by JUUL Labs, Inc. JUUL alleges that NJOY, its parent and affiliates at Altria Group, infringed U.S. Patent No. 12,156,533 through the importation and sale of certain ENDS devices, cartridges, and components. JUUL seeks a limited exclusion order and cease-and-desist orders. Respondents must answer within 20 d

Key Points

 

  • Investigation No.: 337-TA-1460; Institution Date: September 9, 2025.
  • Patent & Claims at Issue: U.S. Patent No. 12,156,533, claims 1–8 and 10.
  • Complainant: JUUL Labs, Inc. (Washington, D.C.).
  • Respondents: NJOY, LLC; NJOY Holdings, Inc.; Altria Group, Inc.; Altria Group Distribution Company; Altria Client Services LLC.
  • Accused Products (plain description): Electronic nicotine delivery systems (ENDS) / vaporizer devices, companion cartridges and parts (including cartridge housings, nicotine-salt e-liquids, heating elements/atomizers, chargers, batteries), and subcomponents.
  • Requested Relief: Limited Exclusion Order (LEO) and Cease-and-Desist Orders (C&D).
  • Procedure: A USITC Administrative Law Judge will conduct the hearing; the Office of Unfair Import Investigations (OUII) is not participating as a party.
  • Response Deadline: Respondents must file answers within 20 days of service. Failure to respond to each allegation may result in default and issuance of exclusion and/or cease-and-desist orders.

 


 

2Firsts, September 10, 2025 — The U.S. International Trade Commission (USITC) has issued a Notice of Institution initiating an investigation in Certain Vaporizer Devices, Cartridges Used Therewith, and Components Thereof (II) following a complaint filed by JUUL Labs, Inc. under Section 337 of the Tariff Act.

 

Complainant:

 

JUUL Labs, Inc.

 

 

Respondents:

 

NJOY, LLC

NJOY Holdings, Inc.

Altria Group, Inc.

Altria Group Distribution Company

Altria Client Services LLC

 

 

According to the notice, JUUL’s August 8, 2025 complaint alleges that respondents’ products, in the importation, sale for importation, or post-importation sale within the United States, infringe U.S. Patent No. 12,156,533 (the “‘533 patent”), specifically claims 1–8 and 10.

 

The USITC defines the scope of investigation in plain terms to include ENDS/vaporizer devices, their cartridges, and related components (such as cartridge housings, nicotine-salt e-liquids, heating elements/atomizers, chargers, batteries) as well as subcomponents.

 

JUUL requests that the Commission issue a limited exclusion order barring infringing products from entry into the United States and cease-and-desist orders against named domestic respondents.

 

The Commission’s Chief Administrative Law Judge will assign an ALJ to conduct proceedings. The USITC’s Office of Unfair Import Investigations (OUII) will not participate as a party in this matter.

 

Per the notice, respondents must file an answer within 20 days of service addressing each allegation in the complaint and the notice of investigation. Failure to do so may be deemed a waiver of the right to appear and contest, enabling the ALJ and Commission to make findings of fact and issue initial and final determinations that could result in exclusion and/or cease-and-desist orders.

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

China Tobacco Regulator Deputy Head Visits Laos as Both Sides Strengthen Cooperation on Illegal Tobacco Trade
China Tobacco Regulator Deputy Head Visits Laos as Both Sides Strengthen Cooperation on Illegal Tobacco Trade
China’s official Xinhua News Agency reported that Liu Sanjiang, deputy head and Party group member of China’s tobacco regulator, led a delegation to Laos from July 31 to Aug. 2, 2026, for discussions with Lao authorities on combating cross-border illegal tobacco trade. The two sides discussed areas including law enforcement cooperation, information sharing and efforts to address tobacco-related illegal activities such as counterfeiting and smuggling. The visit highlights cooperation between Chinese and Lao authorities on illicit tobacco control.
News
Aug.05
Product | Philip Morris Korea Launches TEREA Limona Pearl, Expanding Fresh Blend Capsule Lineup to Five
Product | Philip Morris Korea Launches TEREA Limona Pearl, Expanding Fresh Blend Capsule Lineup to Five
Philip Morris Korea launched TEREA Limona Pearl in South Korea on August 31, 2026, expanding the TEREA Fresh Blend capsule tobacco stick lineup from four variants to five. Designed for the IQOS ILUMA series, the new stick combines a capsule with what the company calls a Fresh Filter. Philip Morris Korea describes the product as offering an aromatic, refreshing flavor profile with a cooling sensation, with an additional fresh note released when the capsule is crushed. The recommended retail price is KRW 4,800 per pack, with sales through IQOS stores and convenience stores nationwide. No reliable evidence has been found that the same Limona Pearl SKU was previously officially launched in another major IQOS market.
Sep.01
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
FDA Authorizes JUUL2, Cites Adult Switching Amid Efforts to Speed PMTA Reviews
FDA Authorizes JUUL2, Cites Adult Switching Amid Efforts to Speed PMTA Reviews
The FDA authorized the JUUL2 device and tobacco- and menthol-flavored pods on Aug. 28, bringing the number of authorized e-cigarette products to 48. The agency highlighted complete switching among adult smokers, with six-week switching rates reaching 28.4%–49.3% for the menthol pod. The decision comes as FDA works to speed PMTA reviews, reduce application backlogs and expand authorized e-cigarette and nicotine-pouch products while maintaining enforcement priorities for unauthorized products.
Regulations
Aug.29
JAMA Issues First U.S. Clinical Guidance on Vaping for Smoking Cessation, Urging Complete Switch From Cigarettes
JAMA Issues First U.S. Clinical Guidance on Vaping for Smoking Cessation, Urging Complete Switch From Cigarettes
JAMA has published a Special Communication offering systematic recommendations for U.S.-based clinicians on the use of nicotine e-cigarettes in adult smoking cessation. Developed by the Harm Reduction Workgroup of the Society for Research on Nicotine and Tobacco’s Treatment Research Network, the paper recommends including e-cigarettes alongside FDA-approved cessation medications in risk-benefit discussions. It cites high-certainty evidence that nicotine e-cigarettes achieve higher quit rates than nicotine replacement therapy and evidence suggesting efficacy comparable to highly effective medications such as varenicline and cytisine. For adults who choose vaping to quit, the authors recommend FDA-authorized products, sufficient nicotine delivery and a rapid, complete transition away from cigarettes rather than prolonged dual use.
Aug.13
Couche-Tard Posts Double-Digit U.S. Same-Store Growth in Other Nicotine Products, Led by Pouches
Couche-Tard Posts Double-Digit U.S. Same-Store Growth in Other Nicotine Products, Led by Pouches
Alimentation Couche-Tard said U.S. same-store sales in its “other nicotine products” category grew at a double-digit rate in the first quarter of fiscal 2027, led by nicotine pouches, while overall U.S. same-store merchandise revenues increased 1.7%. The company also said its Canadian nicotine business continued to face regulatory pressure and illicit-market headwinds. The U.S. performance coincides with Couche-Tard's participation in efforts to reopen Canadian convenience-store access to authorized nicotine pouches, though the company has not established a direct causal link between the two.
Sep.14