Key Takeaways:

• USITC opens Section 337 probe after Juul Labs’ Aug. 8 complaint alleging patent infringement by NJOY and Altria affiliates.
• Remedies sought: Juul Labs requests a limited exclusion order and cease-and-desist orders prohibiting the importation and sale of the accused ENDS devices and components.
• Backdrop: Altria acquired NJOY for ~$2.75B in 2023; the ITC has previously issued JUUL-favorable orders in related ENDS disputes.

The U.S. International Trade Commission has instituted a Section 337 investigation into “certain vaporizer devices, cartridges used therewith, and components thereof,” acting on a complaint filed Aug. 8, 2025 by Juul Labs, Inc. that accuses NJOY, LLC, NJOY Holdings, Inc., Altria Group, Inc., Altria Group Distribution Company, and Altria Client Services LLC of infringing U.S. Patent No. 12,156,533, according to a notice issued Sept. 9.

The Commission said Juul requests that, after investigation, it “issue a limited exclusion order and cease and desist orders.”

It also set out the “plain language description” defining the scope as “vaporizer devices, also known as electronic nicotine delivery systems (ENDS), cartridges used therewith, and components of such devices and cartridges (cartridge housings, e-liquid nicotine salt formulations, heater components (sometimes referred to as atomizers), chargers, batteries), and subassemblies of the foregoing.”

The ITC formally ordered that an investigation be instituted to determine whether the importation, sale for importation, or post-importation sale of the identified ENDS products violates Section 337, and whether a domestic industry exists as required by statute.

The Office of Unfair Import Investigations will not participate. Named respondents must respond within 20 days of service or risk default, which could lead to exclusion and cease-and-desist orders.

Section 337 remedies can bar infringing products from entering the United States; exclusion orders are the primary relief available in ITC cases, alongside cease-and-desist orders directed to domestic activities.

The complaint targets NJOY and its Altria affiliates amid continuing consolidation and litigation in the U.S. vapor market. Altria acquired NJOY for approximately $2.75 billion in 2023 as part of its push into non-combustible products following its exit from Juul Labs.

Earlier this year, the ITC ruled in Juul Labs’ favor in a related patent dispute, triggering a 60-day presidential review period over an order barring imports of certain NJOY devices and cartridges; that order remained subject to potential policy disapproval by USTR.

The new case now proceeds before an Administrative Law Judge (ALJ) designated by the Commission’s Chief ALJ.

The Commission cautioned that failure to respond to the complaint may be deemed a waiver of the right to contest the allegations and could result in the issuance of exclusion and/or cease-and-desist orders without further notice.