ITC Upholds No Infringement Ruling in Juul Case

Mar.06.2025
ITC Upholds No Infringement Ruling in Juul Case
ITC supports Juul in patent infringement case against NJOY, rejects economic argument. At the center of the dispute lies e-cigarette technology.

Key points:


NJOY accuses Juul of infringing on e-cigarette patents, but Juul receives a non-infringement ruling.


The United States International Trade Commission (ITC) supports the preliminary ruling after review.


ITC refused to take a stance on the economic aspects and decided to support Juul.


According to a report by Tobaccoreporter on March 5th, the U.S. International Trade Commission (ITC) has ruled in favor of Juul Labs in a patent infringement case, finding no infringement.


In January 2025, Administrative Law Judge Doris Johnson Hines ruled that Juul Labs' e-cigarette products did not violate Section 337 of the Tariff Act. Altria claimed that these products infringed on two patents related to e-cigarette technology, but the judge did not agree.


In a three-page decision, the International Trade Commission (ITC) reviewed a non-infringement finding and made modifications to the judge's initial ruling by modifying the citations. The decision stated that NJOY failed to provide an economic example of meeting domestic industry requirements, which would require the complainant to prove significant investments in products protected by patents. The ITC did not express a position on the economic aspect and also refused to review the remaining decisions, including the judge's conclusion that Juul did not violate Section 337 of the Tariff Act.


According to court documents, the Juul products being investigated by the ITC are classified as "electronic nicotine delivery systems" and related pods, pod components, including atomizers, sub-components, device sub-components, and chargers.


We welcome news tips, article submissions, interview requests, or comments on this piece.

Please contact us at info@2firsts.com, or reach out to Alan Zhao, CEO of 2Firsts, on LinkedIn


Notice

1.  This article is intended solely for professional research purposes related to industry, technology, and policy. Any references to brands or products are made purely for objective description and do not constitute any form of endorsement, recommendation, or promotion by 2Firsts.

2.  The use of nicotine-containing products — including, but not limited to, cigarettes, e-cigarettes, nicotine pouchand heated tobacco products — carries significant health risks. Users are responsible for complying with all applicable laws and regulations in their respective jurisdictions.

3.  This article is not intended to serve as the basis for any investment decisions or financial advice. 2Firsts assumes no direct or indirect liability for any inaccuracies or errors in the content.

4.  Access to this article is strictly prohibited for individuals below the legal age in their jurisdiction.

 

Copyright

 

This article is either an original work created by 2Firsts or a reproduction from third-party sources with proper attribution. All copyrights and usage rights belong to 2Firsts or the original content provider. Unauthorized reproduction, distribution, or any other form of unauthorized use by any individual or organization is strictly prohibited. Violators will be held legally accountable.

For copyright-related inquiries, please contact: info@2firsts.com

 

AI Assistance Disclaimer

 

This article may have been enhanced using AI tools to improve translation and editorial efficiency. However, due to technical limitations, inaccuracies may occur. Readers are encouraged to refer to the cited sources for the most accurate information.

We welcome any corrections or feedback. Please contact us at: info@2firsts.com

Australia Adds 6-Methylnicotine to Schedule 9 Prohibited Substances, Effective October 1
Australia Adds 6-Methylnicotine to Schedule 9 Prohibited Substances, Effective October 1
Australia's Therapeutic Goods Administration published a final decision on September 25 to classify 6-methylnicotine as a Schedule 9 prohibited substance under the Poisons Standard, effective October 1, 2026. TGA said the chemical has been reported in e-cigarette liquids sold in Australia and marketed as nicotine-free or nicotine alternatives, while evidence also indicates its use in preparations such as oral pouches. The government originally proposed a Schedule 7 classification but ultimately adopted the stricter Schedule 9 designation, citing acute toxicity, dependence risk, use in unapproved consumer products and misleading marketing.
News
Sep.29 by 2Firsts Perspectives
Pennsylvania Vape Directory Law Survives Court Challenge From Nova Distro and Others Amid Similar Rulings Across States
Pennsylvania Vape Directory Law Survives Court Challenge From Nova Distro and Others Amid Similar Rulings Across States
A U.S. federal court upheld Pennsylvania's vape directory law on October 14, rejecting a challenge brought by Nova Distro, 101 Distributors and companies operating Tobacco Hut retail stores. Court records show that vaping accounts for about 60% of Tobacco Hut's profits and that the chain held approximately $2 million in inventory potentially subject to seizure under the law as of June 2. Pennsylvania began enforcement on October 19. The ruling follows similar appellate decisions in other states, even as new research shows that unlisted vaping products continue to account for substantial sales in states with established directories.
Regulations
Oct.22
Special report|Indonesia's Vape Industry Has 200 Manufacturers and $1.7 Billion in Investment. Could a Regulatory Divide Derail Its Rise as the World's No. 2 Manufacturing Hub After Shenzhen?
Special report|Indonesia's Vape Industry Has 200 Manufacturers and $1.7 Billion in Investment. Could a Regulatory Divide Derail Its Rise as the World's No. 2 Manufacturing Hub After Shenzhen?
Indonesia's Ministry of Industry said at a November 3, 2026, policy forum that the country has about 200 electronic cigarette companies, Rp31 trillion (approximately $1.71 billion) in cumulative industry investment and around 100,000 jobs across the supply chain. The National Narcotics Agency is seeking a comprehensive ban on vape use and circulation, while the industry ministry favors tighter import, product-standard and distribution controls. Indonesia exported approximately $518 million in vaping products in 2025, and Chinese manufacturers including Smoore, GEEKVAPE and Jinjia Group have established local operations. An international logistics specialist interviewed by 2Firsts said more Chinese vape companies began production in Indonesia from the second half of 2025, accompanied by increased shipments of manufacturing equipment and investment in logistics facilities. The regulatory debate comes as Indonesia expands its role in international vaping manufacturing.
Special Report
Nov.05
Product | PIXL Adds 6ml PIXL 5K in UK Alongside 12ml PIXL 8000 as Vape Duty Takes Effect
Product | PIXL Adds 6ml PIXL 5K in UK Alongside 12ml PIXL 8000 as Vape Duty Takes Effect
Vaping brand PIXL has introduced the PIXL 5K reusable prefilled pod device in the UK, featuring a 2ml prefilled pod and a 4ml refill container with a combined e-liquid capacity of 6ml. The device uses 20mg/ml nicotine salt e-liquid and is advertised to deliver up to approximately 5,000 puffs. Available through UK retailers by August 2026, the PIXL 5K sits alongside the existing 12ml PIXL 8000. The UK's Vaping Products Duty took effect on October 1 at £0.22 per millilitre, producing theoretical duty amounts of £1.32 and £2.64 for the two products' respective full refill sets.
product
Oct.10
Turning Point Brands Q3 Modern Oral Net Sales Rise 103% to $74.4 Million as Attributable Profit Falls 81%
Turning Point Brands Q3 Modern Oral Net Sales Rise 103% to $74.4 Million as Attributable Profit Falls 81%
Turning Point Brands (TPB) reported third-quarter 2026 Modern Oral net sales of $74.4 million on November 9, up 102.9% year over year and representing 49.2% of consolidated net sales. Total company net sales rose 27.0% to $151.1 million, while net income attributable to TPB declined 81.4% to $3.93 million. The company is expanding the US retail presence of its FRE and ALP nicotine pouch brands and expects its Modern Oral chain-store footprint to grow by more than 70% during 2026. Selling, general and administrative expenses increased 69.1% to $75.3 million, while PMTA-related expenses reached approximately $3.15 million and manufacturing start-up costs totaled about $593,000. ALP plans to open a branded pop-up in New York City's SoHo neighborhood on November 13, alongside a marketing campaign extending into January 2027. TPB owns 50% of ALP but consolidates the venture in its financial statements.
company
Nov.11
U.S. Expands Illicit Vape Enforcement as ATF Brings PACT Act Powers Into Trade Fraud Task Force
U.S. Expands Illicit Vape Enforcement as ATF Brings PACT Act Powers Into Trade Fraud Task Force
The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives said on September 23 that it has joined the interagency Trade Fraud Task Force to strengthen enforcement against illegal, misdeclared and smuggled vape and tobacco products. ATF will bring its authority under the Prevent All Cigarette Trafficking Act into the task force, including registration, reporting, shipping and record-inspection requirements covering interstate sales of electronic nicotine delivery systems. ATF said the move will strengthen its ability to trace illicit products from U.S. points of entry through domestic trafficking and distribution networks.
News
Sep.28 by 2Firsts Perspectives