US ITC Issues Final Rulings on Disposable E-cigarette 337 Investigation

Regulations by 2FIRSTS.ai
May.15.2024
US ITC Issues Final Rulings on Disposable E-cigarette 337 Investigation
ITC issues partial ruling on disposable e-cigarette investigation, ending cases against several US and Chinese companies.

On May 14, 2024, the United States International Trade Commission (ITC) announced that it had made a final determination in the 337-TA-1381 investigation of Certain Disposable Vaporizer Devices and Components and Packaging Thereof. The Commission affirmed the administrative law judge's initial determinations (Nos. 20, 21) from April 18, 2024, and terminated the investigation against the named defendants EVO Brands, LLC of Wilmington, DE, and PVG2, LLC of Wilmington, DE, based on consent orders. The Commission also affirmed the administrative law judge's initial determination (No.24) from April 26, 2024, and terminated the investigation against the named defendant Shenzhen Fumot Technology Co., Ltd. of China based on a consent order.

 

On May 13, 2024, the United States International Trade Commission (ITC) issued a final ruling declining to review the initial ruling (No.18) made by the administrative judge on April 15, 2024, labeling defendant VICA Trading Inc. d/b/a Vapesourcing of Tustin, CA as an absent defendant.

 

On April 18, 2024, the United States International Trade Commission (ITC) issued a final ruling stating that they will not review the initial ruling (No. 15) made by the administrative judge on March 28, 2024, as the applicant has withdrawn their request. This decision terminates the investigation into the named defendant, Shenzhen Noriyang Technology Co., Ltd., of China.

 

On April 17, 2024, the U.S. International Trade Commission (ITC) announced its final ruling: a review was not granted for the initial ruling (No. 13) made by the administrative judge on March 25, 2024. As per a consent order, the investigation against the named defendant, China's Guangdong Shenzhen Innokin Technology Co., Ltd., has been terminated.

 

On March 4, 2024, the United States International Trade Commission (ITC) issued a final ruling not to review the initial ruling (No. 10) made by the administrative law judge on February 5, 2024. The defendant, Shenzhen Funyin Electronic Co., Ltd. of China, will be corrected to Shenzhen Funyin Electronic Technology Co., Ltd. of China.

 

On December 15, 2023, the United States International Trade Commission (ITC) voted to initiate a 337 investigation (Investigation No. 337-TA-1381) into certain disposable e-cigarette devices, components, and packaging.

 

On October 13, 2023, R.J. Reynolds Tobacco Company of Winston-Salem, North Carolina and R.J. Reynolds Vapor Company of Winston-Salem, North Carolina filed a 337 investigation application with the United States International Trade Commission (ITC), alleging that products exported from the United States, imported into the United States, and sold in the United States violated section 337 of the United States Code (false advertising, fictitious origin markings, unfair competition). They requested the ITC to issue a general exclusion order or limited exclusion order, as well as a cease and desist order.

 

The following companies are listed as defendants: Affiliated Imports, LLC of Pflugerville, TX; American Vape Company, LLC a/k/a American Vapor Company, LLC of Pflugerville, TX; Breeze Smoke, LLC of West Bloomfield, MI; Dongguan (Shenzhen) Shikai Technology Co., Ltd. of China; EVO Brands, LLC of Wilmington, DE; Flawless Vape Shop Inc. of Anaheim, CA; Flawless Vape Wholesale & Distribution Inc. of Anaheim, CA; Guangdong Qisitech Co., Ltd. of China; iMiracle (Shenzhen) Technology Co. Ltd. of China; Magellan Technology Inc. of Buffalo, NY; Pastel Cartel, LLC of Pflugerville, TX; Price Point Distributors Inc. d/b/a PrincePoint NY of Farmingdale, NY; PVG2, LLC of Wilmington, DE; Shenzhen Daosen Vaping Technology Co., Ltd. of China; Shenzhen Fumot Technology Co., Ltd. of China; Shenzhen Funyin Electronic Co., Ltd. of China; Shenzhen Han Technology Co., Ltd. of China; Shenzhen Innokin Technology Co., Ltd. of China; Shenzhen IVPS Technology Co., Ltd. of China; Shenzhen Noriyang Technology Co., Ltd. of China; Shenzhen Pingray Technology Co., Ltd. of China; Shenzhen Weiboli Technology Co. Ltd. of China; SV3 LLC d/b/a Mi-One Brands of Phoenix, AZ; Thesy, LLC d/b/a Element Vape of El Monte, CA; Vapeonly Technology Co. Ltd. of China; and VICA Trading Inc. d/b/a Vapesourcing of Tustin, CA.

 

Source: China Trade Remedies Information Network

 

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

Japanese Addiction Psychiatrist Says Complete Abstinence Is Not Always the Goal of Harm Reduction | 2Firsts Interview
Japanese Addiction Psychiatrist Says Complete Abstinence Is Not Always the Goal of Harm Reduction | 2Firsts Interview
Complete abstinence is not always the goal of addiction treatment under a harm-reduction approach, Japanese psychiatrist Tomohiro Shirasaka told 2Firsts in Manila. In the interview, he discussed patients' quality of life, Japan's shift towards heated tobacco products, and the challenges of quitting smoking for people with mental illness. Drawing on addiction treatment work in the Philippines, he advocated support rather than punishment and questioned whether fear-based health warnings effectively address the reasons people continue smoking.
Nov.10
NAS 2026 | Former FDA Tobacco Chief Mitch Zeller Calls for Shift From “End Game” to “End State”
NAS 2026 | Former FDA Tobacco Chief Mitch Zeller Calls for Shift From “End Game” to “End State”
At the 2026 New Approaches Summit in New York, former FDA Center for Tobacco Products Director Mitch Zeller called for the tobacco harm reduction debate to shift from the traditional “end game” toward defining a desired “end state.” He also highlighted unresolved concerns around dual use, argued that biomarkers of exposure may be more meaningful than cigarettes-per-day in assessing risk reduction, and said nicotine misperceptions remain a major barrier to public health progress.
Sep.25
Former Roche Neuroscience and Rare Diseases Communications Director Ria Kioupritzi Joins PMI as Scientific Affairs Director
Former Roche Neuroscience and Rare Diseases Communications Director Ria Kioupritzi Joins PMI as Scientific Affairs Director
Eleftheria (Ria) Kioupritzi, a biopharmaceutical professional with more than 15 years of experience, has joined Philip Morris International as Director Scientific Affairs within Corporate Affairs. She previously served at Roche as Senior Scientific Communications Director for Neuroscience and Rare Diseases and worked extensively in spinal muscular atrophy. Her earlier career also covered competitive intelligence, clinical and regulatory monitoring, pipeline development and launch preparation. During her time working in Roche's SMA field, Evrysdi passed through several U.S. FDA milestones, including its initial approval, an expanded indication for younger infants and approval of a tablet formulation. Public records do not show that Kioupritzi herself led the FDA submissions.
Sep.22
FDA Revises Import Alert 98-07 Rules, Bringing May Enforcement Priorities Into Unauthorized ENDS Detentions
FDA Revises Import Alert 98-07 Rules, Bringing May Enforcement Priorities Into Unauthorized ENDS Detentions
The U.S. Food and Drug Administration has revised the rules under Import Alert 98-07 to incorporate its May 2026 enforcement-priority policy for certain electronic nicotine delivery systems marketed without premarket authorization. The alert continues to allow detention without physical examination, or DWPE, for ENDS lacking required marketing authorization, while directing field divisions to apply the May risk-based framework. When necessary, detention or refusal decisions must also undergo review by the FDA's Center for Tobacco Products. Products including PACHA and Vuse Pro have already emerged as industry examples of the May policy, although enforcement discretion does not constitute FDA marketing authorization.
News
Sep.28 by 2Firsts Perspectives
Product | PMI Launches TEREA Black Mint Pearl in Japan, Adding First Capsule Variant to Black Range With Nationwide Rollout From October 19
Product | PMI Launches TEREA Black Mint Pearl in Japan, Adding First Capsule Variant to Black Range With Nationwide Rollout From October 19
Philip Morris Japan (PMJ) launched TEREA Black Mint Pearl on October 15, 2026, introducing the first capsule-equipped heated tobacco stick in the TEREA Black range for IQOS ILUMA devices. The product combines a strong menthol profile with a crushable mint capsule and is priced at ¥640 per 20-stick pack, including tax. Sales began at four IQOS stores and selected retail partners on October 15, with distribution expanding to convenience stores and other tobacco retailers nationwide from October 19. The launch brings Japan's TEREA portfolio to 28 variants, including 21 menthol-related products, or 75% of the range.
product
Oct.16 by 2Firsts Perspectives
Product | OXVA Introduces XLIM PRO 4 With Liquid-Level Anti-Burn Technology and Dedicated Pods
Product | OXVA Introduces XLIM PRO 4 With Liquid-Level Anti-Burn Technology and Dedicated Pods
Vaping brand OXVA introduced the XLIM PRO 4 refillable pod system in October 2026, featuring Anti-Burn Tech (ABT) based on smart e-liquid-level detection. The system can issue refill alerts and stop power output when e-liquid levels become too low. ABT requires the XLIM PRO 4 device and a dedicated XLIM ABT cartridge. Standard XLIM pods remain compatible but do not support ABT protection. OXVA previously introduced temperature-based anti-burn technology in the XLIM Pro 2 DNA, developed with Evolv. The new device features a 1,800mAh battery, 5–30W output and a 0.98-inch HD color screen. OXVA's official store lists the device at $37.90 and dedicated ABT replacement cartridges at $12.99. Independent testing confirmed the low-liquid protection response but recorded varying cartridge lifespans.
product
Oct.30