NJOY vapes banned for patent puffery—trade commission strikes
Published Date: 2/4/2025
Notice
Summary
The U.S. International Trade Commission found that NJOY and its related companies broke patent rules by selling certain vaporizer devices and parts in the U.S. Because of this, NJOY’s infringing products are now banned from import and sale, and they must stop selling them immediately. This decision takes effect right away, with no bond required during the Presidential review period, ending the investigation.
Analyzed Economic Effects
3 provisions identified: 1 benefits, 2 costs, 0 mixed.
Imports and Sales of NJOY Products Banned
The U.S. International Trade Commission issued a limited exclusion order blocking importation into the U.S. and sale within the U.S. of certain vaporizer devices, cartridges, and components that the Commission found infringe claims of U.S. Patent Nos. 11,134,722; 11,606,981; 10,130,123; and 10,709,173. The Commission voted on January 29, 2025 and the ban is effective immediately.
NJOY Must Stop Selling Immediately
The Commission issued cease and desist orders against NJOY entities (NJOY, LLC; NJOY Holdings, Inc.; Altria Group, Inc.; Altria Group Distribution Company; and Altria Client Services LLC) requiring them to stop selling the infringing vaporizer devices, cartridges, and components in the United States right away. The orders were delivered to the President and USTR the day they were issued.
No Bond Required During Presidential Review
The Commission determined to impose no bond (zero percent bond) for importations of the excluded articles that occur during the period of Presidential review. That means importers of the excluded articles during that review period are not required to post a bond.
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