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

Product | “Switch”-Style Design, Rated 30,000 Puffs: Open-System Klip’s Switch Edition Listed on French Channels
Product | “Switch”-Style Design, Rated 30,000 Puffs: Open-System Klip’s Switch Edition Listed on French Channels
The open-system e-cigarette Klip’s Switch Edition 30K has recently been listed on multiple French vape e-commerce channels. Channel information indicates the product is a collaboration between Fumytech and Tornadoliq and uses an open refill solution. The kit includes a 7 mL pod/cartridge and two 10 mL refill bottles, with a claimed total usage of around 30,000 puffs. The mainstream retail price is about €19.90.
Feb.06 by 2FIRSTS.ai
Buenos Aires Province issues health alert over growing use and promotion of nicotine pouches
Buenos Aires Province issues health alert over growing use and promotion of nicotine pouches
The Ministry of Health of the Province of Buenos Aires issued a health alert to the public and health teams over increased circulation, promotion and consumption of nicotine pouches. It said the disposable oral products dissolve in the mouth without combustion or vapor and are marketed as tobacco-free, but contain nicotine and have a high addictive potential.
Jan.13 by 2FIRSTS.ai
Product | UWELL Launches CALIBURN BAR 80K Disposable Vape, Rated for 80,000 Puffs with 6 Power Levels and 3 Airflow Settings
Product | UWELL Launches CALIBURN BAR 80K Disposable Vape, Rated for 80,000 Puffs with 6 Power Levels and 3 Airflow Settings
UWELL has launched the CALIBURN BAR 80K disposable vape on its official website. The device features a staggering 80,000-puff count and a 20 mg/ml nicotine concentration. It offers two output modes (NORMAL and BOOST) with six adjustable power levels ranging from 18W to 35W, complemented by a 3-level airflow adjustment system.
Jan.14 by 2FIRSTS.ai
Malaysia health minister says court conviction over vape promotion sets key precedent for Act 852 enforcement
Malaysia health minister says court conviction over vape promotion sets key precedent for Act 852 enforcement
Malaysia’s Health Minister Datuk Seri Dr Dzulkefly Ahmad said the Putrajaya Magistrate’s Court decision to convict a known personality for promoting vape has set an important legal precedent for enforcing the Control of Smoking Products for Public Health Act (Act 852).
Jan.09 by 2FIRSTS.ai
South Korea to Classify Synthetic Nicotine E-Cigarettes as Tobacco from April 2026
South Korea to Classify Synthetic Nicotine E-Cigarettes as Tobacco from April 2026
South Korea will implement amendments to its Tobacco Business Act on April 24, 2026, officially classifying synthetic nicotine liquid e-cigarettes as tobacco. This marks the first revision of the legal definition of tobacco since 1988. Once in effect, synthetic nicotine e-cigarettes will be subject to existing tobacco regulations, including health warnings, advertising restrictions, smoke-free area enforcement, and youth protection measures.
Dec.29 by 2FIRSTS.ai
Malaysian Sabah GOF seizes e-cigarettes, vapes and e-liquids worth over  USD 156,333 in seven-district operation
Malaysian Sabah GOF seizes e-cigarettes, vapes and e-liquids worth over USD 156,333 in seven-district operation
In Sabah, Malaysia’s General Operations Force (GOF) seized thousands of e-cigarette devices, vapes and e-liquids worth more than RM635,000 and detained 23 people during a simultaneous integrated operation across seven districts.
Jan.19 by 2FIRSTS.ai