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

Kazakhstan’s Almaty crackdown: Telegram channels used to sell banned vapes, six face charges
Kazakhstan’s Almaty crackdown: Telegram channels used to sell banned vapes, six face charges
Authorities in Almaty have uncovered a large illegal vape distribution scheme, seizing and destroying more than 180,000 vapes. Prosecutors said potential revenue from sales could have exceeded 1 billion tenge. Suspects allegedly sold the banned products through Telegram channels and social media, storing inventory in warehouses and covert locations.
Feb.27 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
2Firsts|Sesh Advances Nicotine Pouch PMTA to Filing Stage, Experts Highlight Regulatory Threshold and Market Window
2Firsts|Sesh Advances Nicotine Pouch PMTA to Filing Stage, Experts Highlight Regulatory Threshold and Market Window
Sesh said its Premarket Tobacco Product Application (PMTA) for 64 nicotine pouch SKUs has been accepted by the U.S. Food and Drug Administration (FDA) and advanced to the Filing stage, entering substantive scientific review. Industry experts say the development signals that the application has crossed a key technical and regulatory threshold, while also highlighting growing divergence in regulatory capability and market positioning within the nicotine pouch category.
Special Report
Mar.24 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
Aurora advances retail tobacco licensing ordinance to curb under-21 access to vapes and tobacco
Aurora advances retail tobacco licensing ordinance to curb under-21 access to vapes and tobacco
The Denver Post reported that Aurora’s City Council unanimously approved a retail tobacco licensure ordinance on first reading Monday night to reduce underage access to tobacco products, including e-cigarettes and vaping cartridges. The ordinance would stiffen fines for businesses that sell to people under 21 and tighten rules on where tobacco retailers can locate in the city.
Feb.26 by 2FIRSTS.ai
New Zealand Vape Company Alt Becomes Government Partner After Suing Over Nicotine Limits
New Zealand Vape Company Alt Becomes Government Partner After Suing Over Nicotine Limits
Health NZ signed a NZD 500,000 contract with New Zealand-owned vape company Alt NZ Limited in December 2025 for its free vape kit programme for smokers, with more than 7,000 kits distributed so far.
Mar.23 by 2FIRSTS.ai