Notice2025-23720
Certain Vaporizer Devices, Cartridges Used Therewith, and Components Thereof II; Institution of Investigation
Primary source
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Published
December 23, 2025
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 22, 2025, under section 337 of the Tariff Act of 1930, as amended, on behalf of NJOY, LLC of Richmond, Virginia; Altria Group Distribution Company of Richmond, Virginia; and Altria Client Services LLC of Richmond, Virginia. The complaint was supplemented on December 3, 2025. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain vaporizer devices, cartridges used therewith, and components thereof by reason of the infringement of certain claims of U.S. Patent No. 12,115,303 ("the `303 patent") and U.S. Patent No. 12,194,227 ("the `227 patent"). The complaint, as supplemented, further alleges that an industry in the United States exists and/or is in the process of being established as required by the applicable Federal Statute. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.
Full Text
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<title>Federal Register, Volume 90 Issue 244 (Tuesday, December 23, 2025)</title>
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[Federal Register Volume 90, Number 244 (Tuesday, December 23, 2025)]
[Notices]
[Pages 60128-60129]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-23720]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1469]
Certain Vaporizer Devices, Cartridges Used Therewith, and
Components Thereof II; Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on September 22, 2025, under
section 337 of the Tariff Act of 1930, as amended, on behalf of NJOY,
LLC of Richmond, Virginia; Altria Group Distribution Company of
Richmond, Virginia; and Altria Client Services LLC of Richmond,
Virginia. The complaint was supplemented on December 3, 2025. The
complaint, as supplemented, alleges violations of section 337 based
upon the importation into the United States, the sale for importation,
and the sale within the United States after importation of certain
vaporizer devices, cartridges used therewith, and components thereof by
reason of the infringement of certain claims of U.S. Patent No.
12,115,303 (``the `303 patent'') and U.S. Patent No. 12,194,227 (``the
`227 patent''). The complaint, as supplemented, further alleges that an
industry in the United States exists and/or is in the process of being
established as required by the applicable Federal Statute. The
complainants request that the Commission institute an investigation
and, after the investigation, issue a limited exclusion order and cease
and desist orders.
ADDRESSES: The complaint, as supplemented, except for any confidential
information contained therein, may be viewed on the Commission's
electronic docket (EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing
EDIS, please email <a href="/cdn-cgi/l/email-protection#c782838e94f48fa2abb787b2b4aeb3a4e9a0a8b1"><span class="__cf_email__" data-cfemail="aaefeee3f999e2cfc6daeadfd9c3dec984cdc5dc">[email protected]</span></a>. Hearing impaired individuals
are advised that information on this matter can be obtained by
contacting the Commission's TDD terminal on (202) 205-1810. Persons
with mobility impairments who will need special assistance in gaining
access to the Commission should contact the Office of the Secretary at
(202) 205-2000. General information concerning the Commission may also
be obtained by accessing its internet server at <a href="https://www.usitc.gov">https://www.usitc.gov</a>.
FOR FURTHER INFORMATION CONTACT: Susan Orndoff, The Office of Docket
Services, U.S. International Trade Commission, telephone (202) 205-
1802.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2025).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on December 18, 2025, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain products
identified in paragraph (2) by reason of infringement of one or more of
claims 1-7 of the '303 patent and 1-6 of the '227 patent, and whether
an industry in the United States exists or is in the process of being
established as required by subsections (a)(2) and (a)(3) of section
337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``vaporizer devices,
such as electronic nicotine delivery systems (`ENDS' devices),
cartridges used therewith (sometimes referred to as `pods'), and
components thereof (pod mouthpieces, cartridge housings, cartridge
bases, liquid nicotine solutions, atomizers, wicks, atomizer
subassemblies, device subassemblies, and chargers)'';
(3) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainants are: NJOY, LLC, 6601 W. Broad Street,
Richmond, Virginia 23230; Altria Group Distribution Company, 6601 W.
Broad Street, Richmond, Virginia 23230, Altria Client Services LLC,
6601 W. Broad Street, Richmond, Virginia 23230.
(b) The respondent is the following entity alleged to be in
violation of section 337, and is the party upon which the complaint is
to be served: JUUL Labs, Inc., 1000 F Street NW, Suite 800, Washington,
DC 20004.
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
The Office of Unfair Import Investigations will not participate as
a party in this investigation.
Responses to the complaint, as supplemented, and the notice of
investigation must be submitted by the named respondent in accordance
with section 210.13 of the Commission's Rules of Practice and
Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a),
such responses will be considered by the Commission if received not
later than 20 days after the date of service by the Commission of the
complaint and the notice of investigation. Extensions of time for
submitting responses to the complaint and the notice of investigation
will not
[[Page 60129]]
be granted unless good cause therefor is shown.
Failure of the respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
By order of the Commission.
Issued: December 19, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-23720 Filed 12-22-25; 8:45 am]
BILLING CODE 7020-02-P
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