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

Editorial says West Virginia’s HB 5437 “Vape Safety Act” goes too far, targeting residency and citizenship provisions
Editorial says West Virginia’s HB 5437 “Vape Safety Act” goes too far, targeting residency and citizenship provisions
A News and Sentinel editorial argues that West Virginia’s HB 5437, the “Vape Safety Act,” goes beyond reasonable regulation by adding provisions barring any part of a vape or smoke shop from being used as a residence and requiring owners to be U.S. citizens.
Feb.27 by 2FIRSTS.ai
Special Report | China’s Two Sessions Revisit Consumption Tax Reform, Tobacco Tax Outlook Draws Attention
Special Report | China’s Two Sessions Revisit Consumption Tax Reform, Tobacco Tax Outlook Draws Attention
China’s 2026 “Two Sessions” again raised the issue of consumption tax reform. As the largest source of consumption tax revenue, the tobacco tax system—its collection stages, tax structure and regional revenue distribution—has re-entered the policy discussion. This article outlines the structure of China’s tobacco consumption tax, past adjustments and key areas of debate, providing international readers with background on one of the country’s most important tax categories.
Special Report
Mar.08
Oregon Senate Passes Bill to Regulate Nicotine Pouches as Tobacco Products
Oregon Senate Passes Bill to Regulate Nicotine Pouches as Tobacco Products
The Oregon Senate voted 26–1 to pass Senate Bill 1571, a measure redefining tobacco products to include nicotine pouches and restricting their sale to individuals under 21.
Regulations
Feb.23
U.S. Adult Smoking Rate Falls to Historic Single-Digit Low of 9.9%, Study Shows Shift in Nicotine Use Patterns
U.S. Adult Smoking Rate Falls to Historic Single-Digit Low of 9.9%, Study Shows Shift in Nicotine Use Patterns
A new study analyzing National Health Interview Survey data found that adult cigarette smoking in the United States declined to 9.9% in 2024, down from 10.8% in 2023. The findings, published in NEJM Evidence, represent a historic milestone in U.S. tobacco control efforts. Researchers noted that while cigarette smoking is decreasing, the prevalence of e-cigarette and cigar use remained largely unchanged, suggesting a shift in nicotine consumption rather than the elimination of tobacco use.
Market
Mar.20
Casey’s, the No. 3 U.S. C-Store Chain, Sees Nicotine Category Shift as Pouches Rise 31% and Vapor 12%
Casey’s, the No. 3 U.S. C-Store Chain, Sees Nicotine Category Shift as Pouches Rise 31% and Vapor 12%
Casey’s General Stores (NASDAQ: CASY) reported accelerating growth in modern nicotine products during its fiscal third quarter ended January 31, 2026. Nicotine pouch sales increased 31% year over year, while vapor products rose 12%. Although cigarette unit sales continued to decline, management stated that the rate of decline slowed compared to prior quarters.
Market
Mar.15
Focus on Regulation and Taxation: EVO NXT 2026 Provides Strategic Guidance for Decision-Makers
Focus on Regulation and Taxation: EVO NXT 2026 Provides Strategic Guidance for Decision-Makers
The NGP industry faces rising innovation pressure, growing consumer demand and intensifying regulatory dynamics. Sustainable growth now depends on reliable market intelligence, strong partnerships and structured dialogue with policymakers and stakeholders. On 17–18 April 2026 in Prague, EVO NXT will convene manufacturers, retailers, distributors and industry experts for strategic exchange, with this year’s conference placing regulation and taxation firmly at the center of discussion.
Mar.02