By Timothy S. Donahue
Top Takeaways:
- Trade probe launched: The ITC launched a Section 337 investigation into possible illegal vape imports following a complaint from an RJ Reynolds subsidiary.
- Regulatory violations alleged: The complaint mentions potential violations of the PACT Act, state flavor bans, directory rules, and tax laws.
- Potential market impact: The case could result in import bans or cease-and-desist orders impacting parts of the U.S. disposable vape market.
The U.S. International Trade Commission (ITC) has launched a formal investigation into the import and sale of certain vaping products in the United States following a complaint filed by subsidiaries of R.J. Reynolds Tobacco Company.
The probe, initiated under Section 337 of the Tariff Act of 1930, will investigate whether disposable and closed-system electronic nicotine delivery systems (ENDS) are being imported or sold through unfair competition methods or other illegal practices.
The complaint—filed on Jan. 13, 2026, and supplemented on Feb. 3—was submitted by several Reynolds entities, including R.J. Reynolds Tobacco Company, R.J. Reynolds Vapor Company, RAI Services Company, and Reynolds Marketing Services Company.
Reynolds claims that certain imported vaping devices violate U.S. laws and regulations, including the Prevent All Cigarette Trafficking (PACT) Act, state and local flavor bans, state directory requirements, and excise-tax rules. The company asserts that these practices threaten to “destroy or substantially injure” the domestic industry.
The ITC investigation targets several companies and distributors located in the United States and internationally, including manufacturers in China and Hong Kong, as well as U.S. distributors.
Reynolds is requesting the commission to issue a general exclusion order or a limited exclusion order that could prevent the importation of the accused vaping devices, along with cease-and-desist orders against certain distributors.
Section 337 investigations are often used by companies to challenge suspected unfair imports and can lead to trade remedies like import bans if violations are confirmed.
The investigation also highlights broader concerns about the rise of unauthorized vaping products in the U.S. market. Tobacco companies and regulators have warned that many devices—many made overseas—are being sold without meeting federal authorization requirements or state regulatory standards.
If the ITC eventually finds violations, the commission could prohibit certain products from entering the U.S., a move that might significantly reshape the disposable vape market.
