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

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.