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 | OXVA launches SlimStick X in Europe and the U.S., shifting from pre-filled to open-system refilling
Product | OXVA launches SlimStick X in Europe and the U.S., shifting from pre-filled to open-system refilling
OXVA has recently launched its new e-cigarette, the SlimStick X. Unlike its predecessor, the SlimStick, which used a pre-filled pod system, the SlimStick X adopts an open-system refillable design, featuring a 2ml pod, a 1.0Ω coil, and a 1400mAh battery. The product has entered online retail channels in markets including the United States, the United Kingdom, Greece, and Spain, with a price of about $23.99.
Mar.06 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
Ireland Vape Retailers’ Group RVI Calls for Tax Stamps to Strengthen Enforcement of Vape Products Tax
Ireland Vape Retailers’ Group RVI Calls for Tax Stamps to Strengthen Enforcement of Vape Products Tax
Responsible Vaping Ireland (RVI), an Irish vape retailers’ group, has released a policy paper urging Ireland to swiftly introduce Revenue-issued tax stamps on vaping products to strengthen enforcement of the E-Liquid Products Tax (EPT) and to tackle tax evasion and the illicit market. Provisional Department of Finance figures show €1.3 million collected in November and December 2025; at that pace, annualised receipts would be €7.8 million, below the government’s projected €17 million.
Feb.26 by 2FIRSTS.ai
Belgium: BAT plans to cut 51 jobs at Groot-Bijgaarden site
Belgium: BAT plans to cut 51 jobs at Groot-Bijgaarden site
British American Tobacco (BAT) has announced plans to cut 51 jobs at its Groot-Bijgaarden facility in Belgium, disclosed during a special works council meeting.
Jan.15 by 2FIRSTS.ai
Azerbaijan’s Milli Majlis to hold public hearings on e-cigarette use in the 2026 spring session
Azerbaijan’s Milli Majlis to hold public hearings on e-cigarette use in the 2026 spring session
Azerbaijan’s Milli Majlis will hold public hearings regarding the use of e-cigarettes. The topic has been included in the 2026 spring session work plan of the Milli Majlis Committee on Agrarian Policy. During the spring session, the committee plans to convene a public hearing titled “Health is our goal: an end to e-cigarettes.”
Jan.23 by 2FIRSTS.ai
Russia considers digital tagging for e-cigarette products to strengthen industry regulation
Russia considers digital tagging for e-cigarette products to strengthen industry regulation
Russia is considering digitizing e-cigarette products for better industry regulation, aiming to protect consumers and prevent counterfeit products.
Feb.05 by 2FIRSTS.ai