By Timothy S. Donahue
takeaways
- RJ Reynolds asked the ITC to investigate alleged efforts by China-based competitors to circumvent vape restrictions and expand market share.
- The filing follows Reynolds’ broader ITC trade actions targeting imported disposable vapes, including Inv. No. 337-TA-1410.
- Section 337 investigations can result in import bans through ITC exclusion orders if violations are found.
R.J. Reynolds Tobacco Co. is urging the U.S. International Trade Commission (ITC) to open a new Section 337 investigation into China-based competitors that it says are unlawfully expanding their U.S. market share by selling disposable vaping products in violation of federal and state restrictions.
In a filing highlighted in Law360 on Jan. 15, 2026, Reynolds asked the ITC to investigate alleged conduct by China-linked vape companies that it says are circumventing U.S. regulatory controls — including restrictions on flavored product sales and state-level compliance requirements.
The request comes as Reynolds continues broader trade-law activity at the ITC, targeting imported disposable vaping products. The ITC has an ongoing Section 337 investigation, Certain Disposable Vaporizer Devices (Inv. No. 337-TA-1410), instituted in July 2024 based on a complaint filed by RAI Strategic Holdings, R.J. Reynolds Vapor Co., R.J. Reynolds Tobacco Co., and RAI Services Co.
The complaint names Heaven Gifts International — the umbrella company behind Elf Bars and Geek Bars — along with its subsidiaries and nine U.S. distributors.
In the 337-TA-1410 matter, the ITC’s notice states that the complaint alleges Section 337 violations arising from the importation and sale of certain disposable vaporizer devices that infringe U.S. Patent No. 11,925,202 and lists dozens of respondents.
Reynolds’ newest request, as described in the Jan. 15 Law360 report, seeks additional ITC action targeting allegedly non-compliant vape imports, with the goal of curbing what Reynolds characterizes as unlawful market growth by competitors operating through overseas manufacturing and U.S. distribution.
The ITC has authority under Section 337 to investigate unfair practices in import trade and, upon finding violations, issue remedies, including exclusion orders that bar products from entry into the United States.
