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

Multi-agency crackdown targets vape and convenience stores across Wirral, seizing illegal cigarettes and non-compliant pods
Multi-agency crackdown targets vape and convenience stores across Wirral, seizing illegal cigarettes and non-compliant pods
A multi-agency, intelligence-led enforcement operation took place on January 27, 2026, targeting vape and convenience stores across Wirral, including West Kirby, to disrupt the supply of illegal tobacco and vaping products. Six premises were inspected, with approximately 10,500 illegal cigarettes seized along with vape pods that were not in original packaging or did not meet UK regulatory requirements.
Feb.05 by 2FIRSTS.ai
Special Report | Middle East Military Conflict Disrupts Global Air Corridors: Europe-Bound Vape Logistics Defy Seasonal Price Declines, Fuel Cost Risks Emerge
Special Report | Middle East Military Conflict Disrupts Global Air Corridors: Europe-Bound Vape Logistics Defy Seasonal Price Declines, Fuel Cost Risks Emerge
Escalating tensions involving Iran are disrupting air transit routes heavily used for China’s vape exports to Europe, preventing the usual post–Lunar New Year freight rate decline. While Europe-bound capacity reliant on Middle East hubs faces pressure, shipments to the United States remain largely unaffected for now. However, potential jet fuel price increases could broaden cost pressures globally.
Special Report
Mar.02
UK Court Sentences Shrewsbury Retailer for Illegal Vape and Counterfeit Tobacco Sales
UK Court Sentences Shrewsbury Retailer for Illegal Vape and Counterfeit Tobacco Sales
A UK local authority has secured convictions against a Shrewsbury retailer and its former director for selling illegal disposable vapes, counterfeit tobacco and a nicotine vape to a minor, highlighting continued enforcement against non-compliant nicotine products.
Feb.05 by 2FIRSTS.ai
Special Report | Belarus Rejects Vape Ban, Opts for Tighter Market Controls
Special Report | Belarus Rejects Vape Ban, Opts for Tighter Market Controls
After weeks of debate over a potential blanket prohibition, Belarus has decided against banning electronic cigarettes, choosing instead to tighten control over wholesale, imports and licensing. President Alexander Lukashenko warned that an outright ban could drive the market underground and undermine state revenues, as officials move to curb widespread illicit trade while keeping retail sales largely intact.
Mar.04
Philippines DOH reiterates: vaping is not safer than smoking, citing irreversible health risks
Philippines DOH reiterates: vaping is not safer than smoking, citing irreversible health risks
The Philippine Department of Health reiterated Saturday that vaping should not be promoted as an alternative to cigarette smoking, Health Secretary Teodoro “Ted” Herbosa said in a radio interview, according to the Tribune. Herbosa said both vaping and smoking pose irreversible health risks and cited E-cigarette or Vaping Product Use-Associated Lung Injury (EVALI), claiming it led to the death of a 22-year-old male with no smoking history in 2025.
Feb.28 by 2FIRSTS.ai
Cyprus customs seizes 269 packs containing cannabis and THC; Pharmacy Department flags unauthorized CBD products
Cyprus customs seizes 269 packs containing cannabis and THC; Pharmacy Department flags unauthorized CBD products
The report says an international operation across EU countries aimed at detecting illicit substances in e-cigarettes also took place in South Cyprus, where multiple e-liquid items and products containing cannabis and THC were seized. It states the operation, titled “eVAPER8,” was conducted by the International Narcotics Control Board (INCB) in November and December to identify e-cigarette liquids that may contain synthetic drugs.
Feb.09 by 2FIRSTS.ai