[Federal Register Volume 90, Number 175 (Friday, September 12, 2025)]
[Notices]
[Page 44238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-17605]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1460]
Certain Vaporizer Devices, Cartridges Used Therewith, and
Components Thereof (II); Notice of Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on August 8, 2025, under section
337 of the Tariff Act of 1930, as amended, on behalf of JUUL Labs, Inc.
of Washington, DC. The complaint alleges violations of section 337
based upon the importation into the United States, the sale for
importation, and the sale within the United States after importation of
certain vaporizer devices, cartridges used therewith, and components
thereof by reason of the infringement of certain claims of U.S. Patent
No. 12,156,533 (``the '533 patent''). The complaint further alleges
that an industry in the United States exists as required by the
applicable Federal Statute. The complainant requests that the
Commission institute an investigation and, after the investigation,
issue a limited exclusion order and cease and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, may be viewed on the Commission's electronic docket
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email
[email protected]. Hearing impaired individuals are advised that
information on this matter can be obtained by contacting the
Commission's TDD terminal on (202) 205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be
obtained by accessing its internet server at https://www.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Susan Orndoff, The Office of Docket
Services, U.S. International Trade Commission, telephone (202) 205-
1802.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2025).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on September 9, 2025, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain products
identified in paragraph (2) by reason of infringement of one or more of
claims 1-8 and 10 of the '533 patent, and whether an industry in the
United States exists as required by subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``vaporizer devices,
also known as electronic nicotine delivery systems (`ENDS'), cartridges
used therewith, and components of such devices and cartridges
(cartridge housings, e-liquid nicotine salt formulations, heater
components (sometimes referred to as atomizers), chargers, batteries),
and subassemblies of the foregoing.'';
(3) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainant is: JUUL Labs, Inc., 1000 F Street NW,
Washington, DC 20004.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
NJOY, LLC, 9449 N 90th Street, Suite 201, Scottsdale, AZ 85258
NJOY Holdings, Inc., 9449 N 90th Street, Suite 201, Scottsdale, AZ
85258
Altria Group, Inc., 6601 W Broad Street, Richmond, VA 23230
Altria Group Distribution Company, 6601 W Broad Street, Richmond, VA
23230
Altria Client Services LLC, 6601 W Broad Street, Richmond, VA 23230
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
The Office of Unfair Import Investigations will not participate as
a party in this investigation.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be
considered by the Commission if received not later than 20 days after
the date of service by the Commission of the complaint and the notice
of investigation. Extensions of time for submitting responses to the
complaint and the notice of investigation will not be granted unless
good cause therefor is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
By order of the Commission.
Issued: September 9, 2025.
Sharon Bellamy,
Supervisory Hearings and Information Officer.
[FR Doc. 2025-17605 Filed 9-11-25; 8:45 am]
BILLING CODE 7020-02-P