Feds Probe Ban on Patent-Violating Disposable Vape Devices
Published Date: 11/21/2025
Notice
Summary
The U.S. International Trade Commission is asking the public and government agencies to share their thoughts on a possible ban of certain disposable vape devices that might be breaking patent rules. If the ban happens, it could stop these vapes from being sold or imported into the U.S., affecting companies and consumers. Comments are open now, so anyone interested should speak up before the Commission makes a final decision.
Analyzed Economic Effects
2 provisions identified: 0 benefits, 2 costs, 0 mixed.
Cease-and-Desist Orders Against Named Sellers
The Commission's recommended relief includes cease-and-desist orders directed to named companies (for example, Maduro Distributors Inc. d/b/a The Loon; American Vape Company, LLC; Shenzhen Kangvape Technology Co., Ltd.; and others). If the Commission finds a violation and issues those orders, the listed firms could be barred from importing or selling the specified disposable vaporizer devices in the United States.
Possible Ban on Certain Disposable Vapes
The U.S. International Trade Commission is considering a general exclusion order that would bar certain disposable vaporizer devices that allegedly infringe claims 4 and 12 of U.S. Patent No. 11,925,202 from being imported into or sold in the United States. The ALJ issued an Initial Determination on August 29, 2025 and a Recommended Determination on remedy and bonding on September 12, 2025; the Commission is asking for public comments (due December 1, 2025) on how such an exclusion would affect public health, U.S. consumers, and competition.
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