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 House passes “Vape Safety Act of 2026,” creating licensing and product directory requirements
West Virginia House passes “Vape Safety Act of 2026,” creating licensing and product directory requirements
West Virginia’s House of Delegates passed the Vape Safety Act of 2026, a proposal to tighten oversight of vape and smoke shops through licensing, fees and enforcement. The bill would establish a state directory requiring vape products sold in West Virginia to have FDA marketing authorization or a pending application under FDA review to be listed, and only directory-listed products could be sold starting Sept. 1, 2026 if enacted.
Feb.28 by 2FIRSTS.ai
BAT Japan to set up a VELO special booth at an outdoor culture market, showcasing a product launched on Feb. 2
BAT Japan to set up a VELO special booth at an outdoor culture market, showcasing a product launched on Feb. 2
BAT Japan announced it will support and sponsor the outdoor culture market “DIGGIN DEEP 2026 DAIKANYAMA,” held on March 7 and 8, 2026 at Daikanyama T-SITE, and will set up a special booth for the oral tobacco brand VELO at the venue. The booth will feature product displays and trial experiences, including the new product Velo Smooth Peppermint Medium, which went on sale on Feb. 2.
Mar.05 by 2FIRSTS.ai
PMI’s Portuguese unit to launch nicotine pouches in 2026 after tax clarification
PMI’s Portuguese unit to launch nicotine pouches in 2026 after tax clarification
After Portugal included nicotine pouches in the excise-tax (IEC) framework for tobacco and nicotine products, PMI’s Portuguese subsidiary Tabaqueira confirmed it will begin selling nicotine pouches in the country this year. The company is preparing a soft launch in two stores ahead of wider distribution, as the tax and regulatory position becomes clearer.
Mar.10 by 2FIRSTS.ai
Malaysia’s Selangor health authorities fine company US$5,000 over toy-like vape devices
Malaysia’s Selangor health authorities fine company US$5,000 over toy-like vape devices
Selangor’s health department said a company was fined RM20,000(US$5,000) for supplying vape devices designed to resemble toys. Officers raided the firm’s premises near Taman Kosas in Ampang on Dec 19, 2025 after discovering it was importing and distributing toy-shaped vape devices.
Mar.05 by 2FIRSTS.ai
Cambodia Siem Reap raid seizes over 10,000 e-cigarette items; two arrested
Cambodia Siem Reap raid seizes over 10,000 e-cigarette items; two arrested
Police in Siem Reap, Cambodia, seized 10,168 items of e-cigarette paraphernalia during a raid on February 28, 2026, and arrested two suspected sellers and owners of the premises.
Mar.03 by 2FIRSTS.ai
Patent Reveals China Tobacco Hubei Industrial Testing Animal Model for Heated Tobacco Safety Evaluation
Patent Reveals China Tobacco Hubei Industrial Testing Animal Model for Heated Tobacco Safety Evaluation
China Tobacco Hubei Industrial Co., Ltd. has published a patent describing a laboratory method to evaluate the reproductive and developmental safety of heated tobacco products using non-human animal exposure models. The approach introduces a structured toxicological testing framework that could support safety verification, quality control, and regulatory evidence generation for heated tobacco products.
Mar.09