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  • Juul Cleared in Patent Dispute with Altria

    Juul Cleared in Patent Dispute with Altria

    The U.S. International Trade Commission affirmed a judge’s decision exculpating Juul in an infringement case brought by Altria-owned NJOY over several vaping patents. In January, Administrative Law Judge Doris Johnson Hines found that Juul did not violate Section 337 of the Tariff Act by importing vaping products, which Altria claimed was an infringement on two patents covering vaping technologies.

    In a three-page decision, the ITC reviewed the noninfringement finding to revise a citation in the judge’s initial determination that concluded NJOY “did not satisfy the economic prong of the domestic industry requirement, which requires the complainant to show that it has made significant investment in products protected by the patent,” Theresa Schliep wrote for Law 360.

    Concerning the economic prong, the ITC took “no position on these findings,” the decision said, and the ITC declined to review the remainder of the decision, including the judge’s conclusion that Juul did not violate Section 337.

    The Juul products the ITC investigated were “electronic nicotine delivery systems” and the cartridges or pods that go with them, as well as the pieces that make up the pods, such as “atomizers, subassemblies, devices subassemblies, [and] chargers,” according to court filings.

  • Judge Seals Docs in Juul Case

    Judge Seals Docs in Juul Case

    On Tuesday (Feb. 25), a federal judge in North Carolina granted requests by R.J. Reynolds Vapor Co. and Philip Morris’ parent company, Altria, to seal documents in their ongoing royalty dispute, keeping details of their licensing agreements with the vape brand JUUL confidential.

    “The court ruled that the agreements contained sensitive business information — including financial terms, licensing strategies and negotiation details — that could harm competitive standing, and all six motions to seal were granted,” Andrea Keckley wrote for Law360.

    The court found that an amendment to a licensing agreement between Altria and JUUL and a copy of a licensing agreement between the two were confidential and that disclosing them would “harm the party’s competitive standing or otherwise harm its business interests.” The filings stem RJR’s bid for relief against a $95 million judgement after a jury sided with Altria in a 2022 patent infringement case. The defense has argued that it should receive relief because a deal with Juul sublicensed the asserted patents.

    “Ultimately, however, this court need not decide whether the documents or hearing are protected by the First Amendment’s right of access, because even assuming the First Amendment standard applies, movants have put forth compelling interests in sealing the order and the proposed sealing is narrowly tailored such that the First Amendment right of access has been overcome,” U.S. District Judge William Lindsay Osteen Jr wrote. “Although this court has considered less drastic alternatives to sealing, the parties have already redacted their filings so as to allow public access to as much information as possible without compromising sensitive business information,” he wrote. “It is this court’s view that the parties’ proposed redactions reflect the least drastic alternative at this time.”

  • Montana Judge Denies Attempt to Block Tobacco Lobbyists

    Montana Judge Denies Attempt to Block Tobacco Lobbyists

    A federal judge in Missoula, Montana, denied a state representative’s attempts to block lobbyists from major cigarette manufacturers from engaging lawmakers on his bill, Wednesday (Feb. 26).

    Rep. Ron Marshall, who also owns a vape shop, sued Altria and R.J. Reynolds in federal court earlier this month alleging the companies violated anti-lobbying provisions set out in a 1998 settlement. One of the bills lobbied against was H.B. 149 that would have required vaping products be removed from all-ages retailers like gas stations and sold only in age-restricted locations like liquor stores or vape shops. Marshall sponsored the bill.

    U.S. District Court Judge Dana Christensen found that the settlement agreement forbids the states from assigning any enforcement of those anti-lobbying provisions to a third party. Therefore, Marshall did not have any legal footing to bring the lawsuit against Altria and R.J. Reynolds. The enforcement duties would typically belong to Montana Attorney General Austin Knudsen, but Marshall said Knudsen “would have too great a conflict of interest to take up the case as both Altria and R.J. Reynolds were ‘platinum’ sponsors” of his inauguration party in January.

    After the ruling, Marshall filed and was granted a dismissal of the case.

  • Altria CEO Talks Markets, FDA

    Altria CEO Talks Markets, FDA

    Altria Group, Inc., today (Feb. 19) participated in the Consumer Analyst Group of New York (CAGNY) conference in Orlando, Florida. Billy Gifford, Altria’s Chief Executive Officer, and Sal Mancuso, Altria’s Executive Vice President and Chief Financial Officer, presented and discussed, among many topics, how the company’s traditional tobacco business supports future strategies, long-term growth aspirations, and the general state of the industry.

    Gifford offered the following thoughts:

    On the evolution of the U.S. nicotine market:

    “The potential for tobacco harm reduction in the U.S. is significant, and we believe the opportunity remains in its early stages. Of the nearly 55 million nicotine consumers in the U.S., we estimate that only a third exclusively use a smoke-free format today. However, consumers are transitioning to smoke-free alternatives at a faster pace than ever before.”  

    “Nicotine consumer preferences are rapidly changing. Today’s nicotine consumers want smoke-free products that offer the potential of reduced harm and social friction, and are available in a variety of flavors. In fact, with more products in the market, coming closer to meeting those needs, nicotine volumes increased for the second consecutive year in 2024. And grew by a compounded annual growth rate of about 2% over the past 5 years.”

    “Smoke-free volume growth is now more than offsetting cigarette industry volume decline, demonstrating that consumers are seeking alternatives to cigarettes rather than leaving the nicotine space entirely. The growing adoption of smoke-free products is encouraging and directly aligned with our vision and the growth aspirations of our smoke-free businesses.”

    “Research supports that no single product format or flavor will satisfy all nicotine consumers. To advance harm reduction our strategy is to deliver a portfolio of products across today’s most promising innovative smoke-free platforms: oral nicotine pouches, heated tobacco, and e-vapor.”  

    The oral nicotine market:

    “The oral tobacco category continues to grow, led by nicotine pouches. We estimate that industry volume grew 8.5% last year and included nearly 8 million consumers. In the last 3 years, nicotine pouch consumers have more than tripled and now comprise 3.5 million of those 8 million consumers.”

    “Since 2019, the oral tobacco products segment saw an increase of 2.4% CAGR.”

    Altria’s oral nicotine pouch, On!

    “We’re encouraged by On!’s ability to retain loyal purchasers and expand the consumer base at a higher retail price. Consumer loyalty for On! continues to build. At the end of last year, 800,000 consumers regularly purchased On!, an increase of more than 40% versus the prior year.”

    Smokers switching from combustibles:

    “We believe the science is compelling. Evidence from a large consumer-use study among adult smokers not planning to quit showed that nearly 75% of those who used Ploom had meaningful reductions in cigarette consumption, with nearly one-third completely switching from cigarettes.  

    “We observed that menthol-flavored sticks had a higher switch rate relative to tobacco-flavored sticks. Consumers who switched from combustible to Ploom significantly reduced their exposure to harmful chemicals. Given the low risk of underage use and the strong benefits of switching for adults, we believe Ploom presents a compelling case for authorization by the FDA and we remain optimistic about its potential in the U.S.”

    E-vapor:

    “Our data show consumers transition from cigarettes to e-vapor at over three times the rate of transition from other smoke-free categories. This is an encouraging sign and consistent with our belief that most smokers are looking for satisfying, inhalable alternatives to cigarettes.”

    “Today’s vapors are seeking products that are flavored, come in a convenient form, and offer high-value for a reasonable price.”

    The illicit market:

    “In the absence of FDA authorization of flavored product choices, consumers have turned to the illicit flavors disposable market. We estimate that the e-vapor category grew by about 30% in 2024, driven entirely by illicit products that now represent more than 50% of the category. As we’ve said repeatedly, illicit product growth is concerning. It’s the primary source of underage usage, and with no control of how products are marketed or sold, it is attracting unintended audiences to the nicotine category. In fact, 40% of new entrants to the category in 2024 we not prior smokers. At the same time, the category’s growth is proof that a smoke-free future is possible. Most consumers and society expect a marketplace consisting of an array of FDA-authorized products led by responsible players throughout the value chain. We need a regulatory system that fosters innovation, not one that stifles and slows innovation to the advantage of the illicit market.”

    Altria’s Vision program:

    Achieving our Vision requires four critical elements:

    1. Underage tobacco use continues to decline or remain low
    2. Consumers require accurate information about nicotine
    3. The entire industry operating within a fully enforced, science-based regulatory environment
    4. A variety of satisfying, FDA-authorized products available for adult consumers

    FDA regulation and reported staffing cuts:

    “We need more authorization. The adult cigarette consumer, about half are ready to move to smoke-free if they can find a product that they enjoy and find satisfying. Only 2% of the products have authorization.”

    “We have a good working relationship with the FDA, but as you know they’ve been slow. We hope with a reduction in headcount they will look at their process and make them more efficient. As you see in e-vapor, the consumer is looking for products. They want to go to smoke-free alternatives and we think that’s important for harm reduction to succeed in the U.S. We need more authorizations and at the same time, we need enforcement.”

    “It may slow it down temporarily but at the same time, we would hope the increased efficiency and processes would improve.”

    Click here to view the entire presentation.

    For more than 50 years, CAGNY has been connecting investors, management teams, and the media dedicated to the consumer industry. It asserts to be “the largest not-for-profit of its kind” and hosts various events throughout the year, highlighted by the CAGNY conference in Boca Raton, Florida.

  • Wall Street Likes Big Tobacco

    Wall Street Likes Big Tobacco

    According to Seeking Alpha, a leading financial research firm, U.S.-listed tobacco companies had a successful year of returns in 2024. “The dividend aristocrats Philip Morris, British American Tobacco, and Altria Group rose between 24% and 27.9% last year, compared to S&P 500’s 23.3% gain during that period,” Seeking Alpha wrote.

    Seeking Alpha’s analysts and Wall Street opinions think 2025 will be equally positive for Big Tobacco.

    “On British American Tobacco, the bullishness of SA analysts crossed with one Sell, two Holds, and a Buy recommendation of sell-side analysts. Similarly, Altria Group got a resounding Buy from Seeking Alpha analysts compared to a wide spectrum of opinions on Wall Street.

  • Report: E-Cig Market to Reach $23B by 2029

    Report: E-Cig Market to Reach $23B by 2029

    The E-cigarette market is projected to grow from its current $18.98 billion to $23.15 billion by 2029, an increase of 3.4%, that according to the “E-Cigarette Market Research Report 2020-2029” that was released today.

    The global e-cigarette market is highly competitive, characterized by the presence of key players such as Altria Group, British American Tobacco (BAT), Imperial Brands, and Japan Tobacco International (JTI). With the declining sale of traditional cigarettes due to increasing health awareness and regulatory pressures, such companies have aggressively entered the e-cigarette market, pushing innovation and technology.

    The global e-cigarette market continues to see user-friendly products introduced that are popular with beginners, as well as open systems including mods that offer greater customization options for experienced vapers. Advancements in battery technology and improvements in e-liquid formulation have likewise helped advance the vaping experience.

    Governments, non-profit organizations, and healthcare providers have for decades been pushing awareness against the health risks of smoking, which is positively impacting the e-cigarette market.

  • Strong Action Needed

    Strong Action Needed

    Billy Gifford | Photo: Altria Group

    Altria calls for a reset of the regulatory system in a way that supports the needs of adult smokers, enforces the rules for all and prevents underage use.

    By Stefanie Rossel

    With a new program, U.S. tobacco manufacturer Altria is seeking to enhance its transition toward a smoke-free future in its domestic market: During its third quarter results in late October, the company announced “Optimize and Accelerate,” a multi-phase initiative intended to centralize, streamline and standardize the organization’s processes with the use of artificial intelligence and automation.

    Anticipated to be substantially complete in 12 months to 18 months, the plan is expected to deliver at least $600 million in cumulative cost savings over the next five years in its initial phase, which the company intends to invest in its businesses in support of its vision to move beyond smoking and its 2028 enterprise goals. As part of the initiative, Altria plans to establish an accelerated business solutions organization within Altria Client Services, which will be responsible for driving efficiency and process improvement across Altria companies in partnership with external service providers.

    Enhancing operating efficiency is vital in a nicotine market where transformation appears to be in full swing. In August this year, cigarette smoking in the U.S. was at its lowest point in 80 years with only 11 percent of adults having smoked a cigarette in the past week, according to Gallup’s annual consumption habits poll. A year-on-year decline of 10.6 percent for Altria’s total cigarette shipment volume and 9.4 percent for its flagship brand Marlboro in the first nine months of 2024 reflected this development. Due to its strong pricing power, though, revenue in Altria’s smokeable products segment declined only by about 3 percent during that period. With net revenues of $15.94 billion during the first nine months of 2024, compared to $16.48 billion during the same period last year, smokeable products remain by far the largest category in Altria’s portfolio.

    Making Progress

    As combustible products lose popularity in the U.S., the market for reduced-risk products continues to grow. At the end of the third quarter, Altria estimated the e-vapor category to include about 19 million adult vapers, up 2.5 million versus a year ago. Altria is well positioned for the category: Through its subsidiary Njoy, the company was the first and is still the only manufacturer to have received marketing granted orders (MGOs) for menthol-flavored vape products. In June, the U.S. Food and Drug Administration authorized two menthol-flavored pods for Njoy’s Ace closed e-cigarette device, which was authorized in April 2022, and two disposable e-cigarettes, Njoy Daily Menthol 4.5 percent and Njoy Daily Extra Menthol 2.4 percent, through its premarket tobacco product application (PMTA) pathway.

    Consequently, Njoy consumables shipment volume grew more than 15 percent to 10.4 million units in the third quarter. Consumables shipment volume for the first nine months was approximately 34 million units. Njoy device shipment volume for the quarter nearly tripled versus the prior year to 1.1 million units and was 3.9 million units for the first nine months.

    “We remain excited about Njoy and its potential as a competitive alternative with both smokers and vapers,” commented Altria’s CEO, Billy Gifford, during the third-quarter earnings report. “This year, Njoy has focused on enhancing trial generation, distribution, visibility at retail and connections with consumers. As a result of these efforts, we’ve seen encouraging repeat purchase data, growing customer loyalty and strong share momentum.

    In the third quarter, Njoy pulled back on certain retail promotional offers to better understand consumer retention and underlying demand. Initial retention results were promising. In the retail accounts where Njoy conducted tests, the promotion drove increased volume by approximately 85 percent compared to the pre-promotion period, and Njoy retained more than half of that volume growth following the promotional period. We believe these results reflect consumer interest in Njoy and their satisfaction after trying the brand, and Njoy plans to continue testing trial-focused investments with a view toward long-term profitability.”

    According to the company, Njoy’s third-quarter retail share of consumables was 6.2 share points, up 2.8 share points versus the year’s period and 0.8 share points sequentially.

    Despite these promising figures, competing in the U.S. vape market remains a challenge for authorized brands. The country has a massive and growing illegal vape market, which reportedly accounts for 60 percent of total sales. “While Njoy’s results are encouraging in the context of the broader e-vapor category, category growth continues to be driven by the proliferation of illicit disposable products,” Gifford specified. “Over the last year, the number of vapers using illicit product grew by approximately 45 percent to 12.4 million vapers while pod vapers declined by more than 20 percent to 2.7 million. While we believe the growth in e-vapor is a proof of concept for tobacco harm reduction, there are too few FDA-authorized products in the market, and FDA enforcement is inadequate.”

    Fighting Illegal Products

    The FDA’s market authorization process is notoriously slow—of the 26.6 million applications the agency received between October 2019 and March 2024, the agency agreed to review roughly 1.2 million, of which it granted MGOs for 30 products, which corresponds to 0.001 percent of new product applications. Until last year, the FDA’s primary enforcement tool was a warning letter to manufacturers, importers, distributors and retailers. Recently, there has been more activity: In June, the Department of Justice announced the creation of a federal multiagency task force with the FDA and other agencies to combat the illicit distribution and sale of e-cigarettes.

    Gifford sees some recent positive developments. “This summer, the FDA, jointly with U.S. Customs and Border Protection, seized more than 50,000 unauthorized vapor products from China at the Chicago port of entry. In August, the FDA issued a proposed rule requiring all imported vapor products to include a PMTA submission tracking number; closing this loophole is something for which we have long advocated. We’ve provided our comments in support of this rule and encouraged additional actions, such as extending it to cover nicotine pouch products.”

    In October, the federal task force announced a joint seizure of unauthorized e-vapor products valued at $76 million. “A strong course correction is needed to protect the harm reduction opportunity for the 30 million adult smokers in the U.S., and moving forward, we hope to see more meaningful enforcement action.”

    In addition, 12 U.S. states have enacted vape product registry bills to compensate for meek federal enforcement, with Louisiana being one of the first. “We support legislation in the states to require manufacturers to certify that they are in compliance with federal law to be allowed to sell in that state,” an Altria spokesperson commented to Tobacco Reporter. “While still early, we believe Louisiana’s enforcement efforts illustrate the effectiveness of a state directory in reducing illicit e-vapor products in the marketplace.” For example, in Louisiana, manufacturers supply documents, such as the cover page of a PMTA with evidence of support.

    At its 2024 CAGNY conference, the company presented data showing that the shipment volume for illegal disposable products in the state declined to almost zero within six months of implementation of the registry bill. It should be noted, though, that in Louisiana, the registry bill tracks wholesale and retail but not vape stores, e-commerce or smaller independent “bodegas,” the channels where most illicit trade is suspected to take place.

    Increase in Illicit Pouches

    With the FDA’s slow progress in authorizing novel tobacco products, Altria is worried that the modern oral nicotine products category in the U.S., in which its brand On! held an 8.9 percent market share in the third quarter of 2024, could suffer the same fate as the vape segment.

    In the company’s view, the illicit market for nicotine pouches is echoing the beginning of the illicit e-vapor market several years ago. “Unfortunately, and similar to e-vapor, we’ve identified more than 1,000 illicit nicotine pouch SKUs at retail and online,” Gifford said during the most recent earnings report. “Many of these are synthetic nicotine pouch products, which are an emerging issue. According to federal law, it is illegal to sell or distribute a synthetic nicotine product in the United States that has not received a market granted order from the FDA by July 2022. To date, the FDA has not authorized any synthetic nicotine pouch products. Despite the clarity of the statute, the FDA’s refusal to enforce the law is causing confusion among legitimate manufacturers, and we call on the agency to clarify its enforcement posture on synthetic products.”

    Stefanie Rossel is Tobacco Reporter’s editorial contributor. An experienced trade journalist, she combines sharp reporting skills with in-depth knowledge of the tobacco and vapor industries. Prior to joining Tobacco Reporter, Stefanie was editor-in-chief at Tobacco Journal International, where she worked for a decade. Fluent in English, German and French, Stefanie covers tobacco news around the world. She is based in Germany.
  • Altria Loses Juul Appeal in British Columbia

    Altria Loses Juul Appeal in British Columbia

    Image: StandbildCA

    Altria Group has lost an appeal to challenge the territorial jurisdiction of the British Columbia courts in a Juul class action lawsuit, reports Victoria Now.

    “The plaintiffs allege the e-cigarette devices are hazardous products but were falsely marketed as a desirable, safe and healthier alternative to smoking,” the civil claim states. “The plaintiffs additionally allege that the defendants conspired together to addict a new generation to nicotine or, alternatively, conspired to maintain and expand the market for Juul products using unlawful means knowing that addiction and other injuries were likely to result.”

    Altria was brought into the litigation with Juul Labs Canada and Juul Labs USA in September 2020, a year after the original civil claim was filed, following Altria acquiring a 35 percent stake in Juul in 2018 for $12.8 billion.

    According to the litigation, Juul and Altria allegedly “conspired” to “employ strategies perfected in the cigarette industry” to advertise and market Juul products to youth.

    “It is alleged that the defendants exploited regulatory loopholes and relied on social media and other viral advertising methods to hook young people on Juul, despite the defendants’ knowledge of the dangers associated with vaping. Altria is alleged to have provided strategies, analyses and services to the defendants in furtherance of the conspiracy,” a judgment reads.

    Altria’s claim that the British Columbia courts did not have jurisdiction over the action was dismissed in 2022. Altria then appealed the decision, claiming the judge “failed to address evidence that was materially relevant.”

    Altria argued that the judge ignored or misconceived evidence that Altria did not ship Juul products to Canada or send Juul marketing materials to Canadian addresses, among other things.

    The appeal decision found that there is not a real and substantial connection because class members may have “hopped the border and been influenced by Altria’s activities in the United States.”

    “Rather,” the appeal decision reads, “the judge found that the respondents established a good arguable case that Altria was a party to a conspiracy to advertise and market Juul e-cigarettes to young people in a manner that was misleading about the health risks, including the risk of addiction.”

  • Federal Judge OKs Altria, Juul Class Action

    Federal Judge OKs Altria, Juul Class Action

    Image: H_Ko

    A federal judge approved the final part of a class action settlement with the e-cigarette company Juul Labs and its parent company Altria, bringing the settlement total to just over $300 million.

    In 2018, the plaintiffs charged Juul Labs with misleading the public about the addictiveness of Juul and the risk of the e-cigarettes and its nicotine cartridges.

    The plaintiffs also said Juul had targeted teenagers with candy-flavored Juul pods and “multimillion-dollar ad campaigns and social media blitzes using alluring imagery.”

    The case survived a number of hurdles: The judge denied multiple motions to dismiss the suit and agreed to certify four different classes of plaintiffs (a nationwide class, a nationwide youth class, a California class and a California youth class).

    In January, the judge gave preliminary approval to a $255 million settlement between Juul Labs and the plaintiffs, according to Courthouse news. Friday’s ruling grants approval to Altria’s payment of $45,531,250. The sides have yet to reach an agreement on attorneys fees.

    “Court finds that this monetary recovery is fair, reasonable, and adequate given the risks of proceeding to trial and the maximum recovery potentially available to Settlement Class Members if the Class Representatives had prevailed at trial,” wrote U.S. District Judge William Orrick in his order.

    Last year, Juul agreed to pay six states $462 million to settle claims that it had marketed its vaping products to teenagers. The year before that, it agreed to pay $438.5 million to 33 different states and Puerto Rico.

    Altria Group exchanged its entire investment in Juul Labs in 2023 for a non-exclusive, irrevocable global license to certain of Juul’s heated tobacco intellectual property.

  • Altria to Use Bluetooth to Prevent Youth Use

    Altria to Use Bluetooth to Prevent Youth Use

    Image: sdx15

    Altria is finalizing submissions to the U.S. Food and Drug Administration for Njoy products in blueberry and watermelon flavors, according to Billy Gifford, Altria CEO, reports BNN Bloomberg. The company is currently waiting for a decision from the FDA on a menthol version.

    The fruit-flavored products would use Bluetooth technology to prevent underage use, though the company has not detailed how it will do so.

    “We’ve demonstrated the age-gating restrictions are effective at preventing underage access in virtually all cases,” said Gifford at the Consumer Analyst Group of New York conference yesterday.