USITC Upholds Preliminary Ruling in Reynolds Tobacco Case

Dec.20.2024
USITC Upholds Preliminary Ruling in Reynolds Tobacco Case
USITC upholds administrative judge ruling denying temporary relief for disposable e-cigarette patent infringement case.

On December 18, the United States International Trade Commission (USITC) announced that it had decided not to modify, rescind, or overturn the decision of the presiding Administrative Law Judge (ALJ) concerning the preliminary determination denying RAI Strategic Holdings, Inc. and its affiliated companies' request for temporary relief (known as "ID," or Order No. 28). This decision means that the temporary exclusion order and cease and desist order sought by RAI regarding the import and sale of certain disposable e-cigarette devices and their components were not approved.


The investigation was filed by the British-American tobacco subsidiary Reynolds Tobacco on July 22, 2024, alleging that the importation and sale of certain disposable e-cigarette devices and components by 35 companies violated its US Patent No. 11,925,202. The companies under investigation include several from China, Hong Kong, and the United States.


Reynolds Tobacco has filed a complaint and simultaneously applied for a temporary restraining order and injunction in an attempt to prevent these products from entering or continuing to be sold in the US market during the investigation.


The U.S. International Trade Commission has accepted the case and assigned an administrative law judge to conduct the investigation. However, due to the complexity of the case, the commission deemed the interim relief program as a "complicated" matter on July 29, 2024. Some defendant companies such as Kimsun and Bidi Vapor have ended the investigation by reaching a consent decree, but several defendants have not appeared in response to the lawsuit.


On November 19, 2024, an administrative judge issued a temporary restraining order ("TEO"), denying Reynolds Tobacco's request for temporary relief. The ruling stated:


The claims of patent infringement lack a likelihood of success.


There is a significant dispute over the validity of the patent.


The plaintiff failed to prove that not seeking redress would result in irreparable harm.


Renault subsequently submitted a comment document, but stated that they will not seek a reconsideration of the ruling by the commission.


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

West Virginia Senate Backs Vape Tax Increase to Offset Income Tax Cut
West Virginia Senate Backs Vape Tax Increase to Offset Income Tax Cut
The West Virginia Senate approved a 10% personal income tax cut on February 22, 2026, with part of the revenue offset coming from increased excise taxes on vape and e-cigarette products.
News
Feb.23
Shanghai releases 2025 smoke-free white paper: smoking incidence at designated smoke-free venues falls to 12.6%
Shanghai releases 2025 smoke-free white paper: smoking incidence at designated smoke-free venues falls to 12.6%
Shanghai released its 2025 White Paper on Smoking Control in Public Places at a city tobacco control meeting on March 5. The paper reports a 12.6% smoking incidence in legally designated smoke-free venues, down 0.4 percentage points from 2024, and says 98.2% of residents support a full indoor smoking ban.
Mar.05
UK Opens Applications for Vaping Products Duty and Duty Stamps Scheme From April 1
UK Opens Applications for Vaping Products Duty and Duty Stamps Scheme From April 1
HM Revenue and Customs announced that from April 1, 2026, UK vaping product manufacturers, importers and warehousekeepers can apply for approval under Vaping Products Duty (VPD) and the Vaping Duty Stamps Scheme (VDS). Under new GOV.UK guidance, Vaping Products Duty will take effect on October 1, 2026 and will apply to all vaping liquids, whether they contain nicotine or not.
Apr.02 by 2FIRSTS.ai
UK reminds vaping firms to apply for new excise duty registration from April 2026
UK reminds vaping firms to apply for new excise duty registration from April 2026
HMRC has issued a reminder urging vaping manufacturers, importers and warehouse operators to prepare for registration under the UK’s new Vaping Products Duty, with applications opening in April 2026 and the duty taking effect in October.
Feb.10
Thai Customs Plans Shift to Per-Unit Fines for Vapes at THB 100 Per Item
Thai Customs Plans Shift to Per-Unit Fines for Vapes at THB 100 Per Item
Thai Customs said on March 18 that it had seized more than 27.3 million foreign cigarettes and 205,445 vape products and related devices in mid-February, with a total value of more than THB 169 million.
Mar.19 by 2FIRSTS.ai
Six Years of Data Show FDA Clearing PMTA Backlog
Six Years of Data Show FDA Clearing PMTA Backlog
FDA data from FY2020 to FY2025 show how the PMTA system for e-cigarette products evolved after an early surge of submissions created prolonged front-end delays. Millions of applications accumulated at the Acceptance stage before entering substantive review. Since 2023, the number of applications pending acceptance has declined sharply, and industry participants report shorter initial decision timelines in late 2025.
Feb.06