notice Published 2025-12-19

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

📌 ETDETA brief — importer impact summary (educational)

Brief takeaway: The ITC has opened a Section 337 investigation into whether certain imported vaporizer devices, cartridges, and their components infringe two U.S. patents, which could lead to import restrictions if a violation is found.

What changed: According to the notice, the ITC instituted an investigation on a complaint filed by JUUL Labs, Inc. and VMR Products LLC alleging that the importation and sale of certain vaporizer devices, cartridges, and components violate Section 337 by infringing U.S. Patent Nos. 11,134,722 and 11,606,981. The notice states the complainants request a limited exclusion order and cease and desist orders.

Who's affected: The notice names certain vaporizer devices, cartridges used with them, and components thereof. It does not specify HTS codes or countries of origin; the products at issue are those alleged to infringe the two identified patents.

What to review:
- Review whether your imported vaporizer products, cartridges, or components could fall within the category described in the notice.
- Confirm with your customs broker or trade counsel how a potential Section 337 exclusion or cease and desist order might affect your goods.
- Check the ITC docket for scope, respondents named, and any procedural deadlines as the investigation proceeds.
- Review supplier and patent-licensing documentation relevant to the '722 and '981 patents.

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 30, 2025, under section 337 of the Tariff Act of 1930, as amended, on behalf of JUUL Labs, Inc. of Washington, DC and VMR Products LLC of Washington, DC Supplements to the Complaint were filed on November 18 and 25, 2025, and on December 1 and 2, 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. 11,134,722 ("the '722 patent") and U.S. Patent No. 11,606,981 ("the '981 patent"). The complaint further alleges that an industry in the United States exists 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.