The U.S. International Trade Commission (USITC) voted to institute an investigation of certain disposable vaporizer devices and components and packaging thereof. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by R.J. Reynolds Tobacco Company and R.J. Reynolds Vapor Company on October 13, 2023, and supplemented on November 1, 2023. The complaint alleges violations of Section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain disposable vaporizer devices and components and packaging thereof by reason of false advertising under the Lanham Act, 15 U.S.C. 1125(a)(1)(B), stated in paragraphs 137 through 142 of the complaint, false designation of origin under the Lanham Act, 15 U.S.C. § 1125(a)(1)(A), stated in paragraphs 143 through 147 of the complaint, and unfair competition based on violations of the Prevent All Cigarette Trafficking (PACT) Act, the threat or effect of which is to destroy or substantially injure an industry in the United States. The complainants request that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and a cease and desist order.
The USITC has identified the following respondents in this investigation:
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 Guangdong, 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 Guangdong Province, China;
iMiracle (Shenzhen) Technology Co. Ltd. of Shenzhen, China;
Magellan Technology Inc. of Buffalo, NY;
Pastel Cartel, LLC, of Pflugerville, TX;
Price Point Distributors Inc. d/b/a Prince Point NY of Farmingdale, NY;
PVG2, LLC, of Wilmington, DE;
Shenzhen Daosen Vaping Technology Co., Ltd., of Shenzhen, China;
Shenzhen Fumot Technology Co., Ltd., of Shenzhen, China;
Shenzhen Funyin Electronic Co., Ltd., of Guangdong, China;
Shenzhen Han Technology Co., Ltd., of Shenzhen, Guangdong, China;
Shenzhen Innokin Technology Co., Ltd., of Shenzhen, China;
Shenzhen IVPS Technology Co., Ltd., of Shenzhen, Guangdong, China;
Shenzhen Noriyang Technology Co., Ltd., of Shenzhen, Guangdong Province, China;
Shenzhen Weiboli Technology Co. Ltd. of Shenzhen, 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 Shenzhen, China; and
VICA Trading Inc. d/b/a Vapesourcing of Tustin, CA.
By instituting this investigation (337-TA-1381), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
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