By Timothy S. Donahue

Top Takeaways:

• Jurisdiction battle: Shenzhen IVPS seeks dismissal, claiming it has insufficient connections to North Carolina.
• Plaintiff’s claim: The lawsuit alleges that active marketing and sales within the state establish jurisdiction.
• Broader trend: The case illustrates rising litigation against foreign vape manufacturers in U.S. courts.

A Chinese vape manufacturer is resisting a U.S. lawsuit in North Carolina, sparking a jurisdictional battle that could have wider effects on how foreign nicotine companies are brought into U.S. courts.

Shenzhen IVPS Technology Co. Ltd., the maker of Smok brand products, is seeking to dismiss a case filed in the U.S. District Court for the Eastern District of North Carolina, arguing that its business operations do not establish sufficient legal ties to the state.

The plaintiff, however, argues that the company’s actions extend far beyond simple distribution. According to the complaint, Shenzhen IVPS engaged in “marketing and sales of e-cigarettes in North Carolina,” thus bringing it within the court’s jurisdiction.

The company disputes that characterization, arguing that any link to North Carolina is too remote or indirect to warrant being sued there—a typical defense for foreign manufacturers with complex distribution channels.

At the heart of the dispute is the legal concept of personal jurisdiction, which requires plaintiffs to demonstrate that a company has intentionally directed its business activities toward a state. In product liability and consumer harm cases, this often depends on whether companies actively market, distribute, or generate revenue from products sold within that market.

The case occurs amid a wider surge of lawsuits against vape companies—especially those in China—as U.S. regulators and plaintiffs more frequently seek accountability throughout the supply chain.

Recent cases in the same federal district have involved injuries linked to vape products, including battery explosions and product liability claims, highlighting North Carolina’s increasing role as a venue for nicotine-related litigation.

Meanwhile, North Carolina has emerged as a crucial battleground for vape regulation overall, with state laws limiting the sale of unauthorized products and several lawsuits questioning how those rules align with federal oversight.