Certain Electrolyte Containing Beverages and Labeling and Packaging Thereof (II); Notice of a Commission Determination Finding a Violation of Section 337; Issuance of a General Exclusion Order; Termination of the Investigation

Brief takeaway: The Commission has issued a general exclusion order that may block importation of certain electrolyte beverages, and their labeling and packaging, that infringe the identified trademarks.

What changed: According to the notice, the Commission affirmed, with supplemental findings and modified reasoning, an initial determination granting summary determination of a Section 337 violation. The notice states the Commission determined to issue a general exclusion order prohibiting importation of electrolyte containing beverages and their labeling and packaging that infringe one or more of the Asserted Trademarks, and terminated the investigation.

Who's affected: The notice names electrolyte containing beverages and the labeling and packaging thereof. It cites U.S. Trademark Registration Nos. 4,222,726; 4,833,885; 4,717,350; and 4,717,232 as the Asserted Trademarks. A general exclusion order applies regardless of source, so specific countries of origin are not identified. No HTS codes are specified in the notice.

What to review:
- Review whether your imported beverages, labeling, or packaging could implicate the cited trademark registrations.
- Confirm with your customs broker how a general exclusion order may affect entries of these product types.
- Check the scope and effective terms of the general exclusion order in the full ITC record.
- Confirm with trade counsel whether any of the Asserted Trademarks are relevant to your product branding or packaging.

This is general information, not legal advice and not a compliance determination — confirm specifics with a licensed customs broker or trade counsel.