USITC Institutes Section 337 Investigation of Certain Cartridges for Electronic Nicotine Delivery Systems and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain cartridges for electronic nicotine delivery systems and components 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 Juul Labs, Inc., of San Francisco, CA, on November 20, 2018.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain cartridges for electronic nicotine delivery systems and components thereof that infringe patents asserted by the complainant.  The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

Drip-Tip Vapes LLC of Plantation, FL;
The Electric Tobacconist, LLC, of Boulder, CO;
Fuma Vapor, Inc., of Des Plaines, IL;
Lan & Mike International Trading, Inc., of Torrance, CA;
Lizard Juice, LLC, of Largo, FL;
Maduro Distributors, Inc., of Maplewood, MN;
MistHub, LLC, of Buffalo Grove, IL;
ParallelDirect, LLC, of Lincolnshire, IL;
Saddam Aburoumi of Manchester, CT;
Sarvasva LLC d/b/a One Stop Food Mart of Maple Shade, NJ;
Shenzhen Haka Flavor Technology Co., Ltd., of Shenzhen, Guangdong, China;
Shenzhen OCIGA Technology Co., Ltd., of Shenzhen, Guangdong, China;
Shenzhen OVNS Technology Co., Ltd., of Shenzhen, Guangdong, China;
Shenzhen Yibo Technology Co., Ltd., of Shenzhen City, Guangdong Province, China;
Twist Vapor Franchising, LLC, of Tampa, FL;
United Wholesale LLC of Glastonbury, CT;
Vape4U LLC of Montclair, CA;
Vaperz LLC of Frankfort, IL;
Vaportronix, LLC, of Aventura, FL;
Vapor 4 Life Holdings, Inc., of Northbrook, IL;
The ZFO of Spencerport, NY;
Ziip Lab Co., Ltd., of Shenzhen City, Guangdong Province, China; and
Ziip Lab S.A. of Punta del Este – Maldonado, Uruguay.

By instituting this investigation (337-TA-1141), 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.