notice Published 2025-12-23

Certain Vaporizer Devices, Cartridges Used Therewith, and Components Thereof II; Institution of Investigation

📌 ETDETA brief — importer impact summary (educational)

Brief takeaway: The ITC has opened a Section 337 patent-infringement investigation into certain imported vaporizer devices, cartridges, and components, which could lead to import restrictions if a violation is found.

What changed: According to the notice, the ITC instituted an investigation based on a complaint filed by NJOY, LLC and two Altria entities alleging that certain vaporizer devices, cartridges, and components are imported and sold in violation of Section 337 by infringing U.S. Patent No. 12,115,303 and U.S. Patent No. 12,194,227. The notice states the complainants request a limited exclusion order and cease and desist orders, though no determination has yet been made.

Who's affected: The notice names certain vaporizer devices, cartridges used therewith, and components thereof. It does not specify HTS codes or countries of origin; the accused products are those imported, sold for importation, or sold after importation in the U.S.

What to review:
- Review whether your vaporizer devices, cartridges, or components may fall within the product categories described in the notice.
- Confirm with your customs broker or trade counsel whether any requested exclusion or cease-and-desist orders, if later issued, could affect your imports.
- Check the ITC docket for the scope, respondents named, and procedural deadlines as the investigation proceeds.
- Review your supply chain and product designs against the two cited patents with qualified counsel.

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

Official notice

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 22, 2025, under section 337 of the Tariff Act of 1930, as amended, on behalf of NJOY, LLC of Richmond, Virginia; Altria Group Distribution Company of Richmond, Virginia; and Altria Client Services LLC of Richmond, Virginia. The complaint was supplemented on December 3, 2025. The complaint, as supplemented, 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. 12,115,303 ("the `303 patent") and U.S. Patent No. 12,194,227 ("the `227 patent"). The complaint, as supplemented, further alleges that an industry in the United States exists and/or is in the process of being established as required by the applicable Federal Statute. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

Source: Federal Register · International Trade Commission · Read the official notice ↗

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This update is a general educational summary based on public CBP CSMS / Federal Register information. It is not legal advice, customs broker advice, a final classification, duty determination, entry instruction, or compliance determination. Importers should confirm applicability, effective dates, HTSUS/Chapter 99 reporting, rates, refunds, PSC procedures, and filing instructions with their licensed customs broker, trade counsel, and/or CBP.