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

PMI reshuffles South Africa leadership, appoints first female general manager
PMI reshuffles South Africa leadership, appoints first female general manager
Philip Morris International (PMI) said it has appointed Buena Barnes as general manager of its South Africa business, marking the first time a woman has held the role in the country. Barnes previously oversaw finance for Sub-Saharan Africa and has worked at GlaxoSmithKline South Africa and British American Tobacco South Africa.
Jan.19 by 2FIRSTS.ai
Imperial Brands’ blu adds “Creamy Tobacco” flavour, rolling out across device kits and pod products
Imperial Brands’ blu adds “Creamy Tobacco” flavour, rolling out across device kits and pod products
Imperial Brands’ vaping brand blu has outlined its flavour roadmap for 2026 on its official website, adding a new “Creamy Tobacco” flavour that has been rolled out across the rechargeable blu bar kit and its compatible blu kit pods. The brand describes the flavour as offering a more velvety tobacco taste.
Dec.19
Russian State Duma Passes Ban on Tobacco and Vape Sales at Public Transport Stops
Russian State Duma Passes Ban on Tobacco and Vape Sales at Public Transport Stops
Russia’s State Duma has approved, in its third reading, a law banning the sale of cigarettes and electronic cigarettes at public transport stops. The measure expands existing restrictions on tobacco sales at transport infrastructure facilities and aims to reduce accessibility, particularly among young people. The law includes an exemption for small settlements where such kiosks are the only sales points and will take effect on September 1, 2026.
Dec.18 by 2FIRSTS.ai
China to Cancel VAT Export Rebates on E-Cigarette Products from April 1, 2026
China to Cancel VAT Export Rebates on E-Cigarette Products from April 1, 2026
China’s Ministry of Finance and State Taxation Administration have announced adjustments to export tax rebate policies, placing nicotine-containing non-combustible inhalation products within the scope of items subject to rebate cancellation. The measures will take effect from April 1, 2026.
Regulations
Jan.10
Energy Marketers of America Backs White House Crackdown on Illicit Vape Shops, Urges Cleanup of ‘Gray Area’ Market
Energy Marketers of America Backs White House Crackdown on Illicit Vape Shops, Urges Cleanup of ‘Gray Area’ Market
The Energy Marketers of America (EMA) has publicly endorsed the White House’s enforcement campaign against illicit vape shops, saying it will help address the regulatory “gray area” that has emerged since 2020 due to delayed product approvals. EMA noted that a large volume of unauthorized imported disposable e-cigarettes worth about $86.5 million has been seized and called for stronger, more localized enforcement efforts to ease the burden on compliant convenience retailers.
Dec.04 by 2FIRSTS.ai
Thai Customs Region 2 seizes 22,800 YOOZ-branded vape pod heads
Thai Customs Region 2 seizes 22,800 YOOZ-branded vape pod heads
Thailand’s Customs Region 2 searched a private logistics company in Mukdahan province and seized 22,800 vape pod heads with no evidence of customs clearance. The seized items weighed 389.50 kg in total and were valued at more than THB 4.5 million (about USD 143,581.90). The photo shows packaging marked “YOOZ”.
Jan.16 by 2FIRSTS.ai