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Tag: Juul

  • Altria, NJOY Sue U.S. ITC for ‘Unconstitutional’ Process Amid Juul Patent Fight

    Altria, NJOY Sue U.S. ITC for ‘Unconstitutional’ Process Amid Juul Patent Fight

    Altria Group Inc. and its NJOY vaping subsidiary filed a federal lawsuit in the Eastern District of Virginia on November 7, challenging the constitutionality of the U.S. International Trade Commission’s (ITC) administrative law judge (ALJ) appointment process. According to Bloomberg Law, the companies argue that ITC ALJs are “inferior officers” who must be appointed by the president, a court, or a department head — not by the ITC chair alone — as required by the Constitution’s Appointments Clause and Article II.

    Altria and NJOY further contend that the agency’s removal protections for ALJs violate the separation of powers and that the ITC’s adjudicative process deprives them of their Article III and Seventh Amendment rights to a jury trial. The suit seeks to block a pending ITC patent case brought by Juul Labs Inc.

    Juul’s complaint, originally filed in June 2023, accused NJOY of importing and selling vaping devices that infringe four Juul vaporizer patents. On January 29, 2025, the ITC issued a final determination finding that NJOY’s products infringed the asserted patents and imposed a limited exclusion order and cease-and-desist orders against NJOY and Altria. Those orders were set to take effect March 31, 2025, unless overturned by the Office of the U.S. Trade Representative.

    In parallel, Altria and NJOY launched their own ITC action against Juul, but the commission terminated that case on March 3, 2025, ruling that Juul did not infringe the patents asserted by Altria.

  • Juul Secures Permanent IP Injunction in UK

    Juul Secures Permanent IP Injunction in UK

    Juul Labs won a permanent intellectual property injunction in the UK High Court, converting temporary measures from 2019 into lasting legal protection. The ruling bars four Chinese companies — Greensun Technology, Ouch, Gaish, and Airsmo Tech — from infringing on Juul’s trademarks, product designs, and patents.

    The court said the defendants ignored proceedings and prior orders, failing to respond to Juul or provide required witness statements. The decision mandates the destruction of existing infringing products and publication of the ruling on the companies’ websites.

    Juul said the injunction is a key milestone in its global IP enforcement efforts, ensuring its products and designs remain protected in the UK market and reinforcing its rights against unauthorized competitors.

  • Juul Aims for Comeback with Adult-Focused Vape Device

    Juul Aims for Comeback with Adult-Focused Vape Device

    Juul Labs is attempting a comeback, refocusing on its original mission of helping adult smokers transition away from cigarettes. Investor James Sagan of Architect Capital, who invested in Juul in 2023, told NYNext, “Everybody kind of thought Juul was dead and evil. But the early investors and founders have poured a bunch of capital back into the company to save it.”

    Central to the revival is Juul2, a new vaping device. Users who age-verify as 21+ can access an optional smartphone app. Juul founders James Monsees and Adam Bowen initially developed the technology at Stanford to provide an alternative to cigarettes. The company has undergone a reset to steer the company back toward harm reduction while preventing underage use.

    The device is currently awaiting regulatory approval in the U.S.; it’s already for sale, in the UK.

    “We’re all of the belief that Juul is a mission-driven company tackling the most important public health problem,” Sagan said. “That truth will reveal itself at some point in time.”

  • Lenders Move to Sell Debt on Juul’s San Francisco Office Tower

    Lenders Move to Sell Debt on Juul’s San Francisco Office Tower

    Lenders are reportedly preparing to sell debt tied to Juul Labs’ San Francisco office tower at 123 Mission Street, a move that could pave the way for new ownership of the downtown property, according to the San Francisco Business Journal. According to multiple sources, Affinius Capital is in talks to sell the debt to Madison Capital, though no agreement has been finalized and pricing details remain unclear. Juul and Affinius both declined to comment, but sources suggest the deal could position Madison to eventually take control of the property, depending on the loan’s performance and structure.

    The Journal said the 123 Mission tower has had a turbulent ownership history since Juul purchased it in 2019 for $397 million, during the company’s rapid expansion, and then subsequent challenges as the market changed under regulatory uncertainty. After relocating its headquarters to Washington, D.C. in 2020, the company reportedly made several unsuccessful attempts to sell the building, including deals with PGIM and Pimco, both of which fell through amid the pandemic.

    If completed, the pending transaction would mark another major San Francisco acquisition for Madison Capital, which has invested nearly $800 million in the Bay Area over the past eight years.

  • Senators Demand Answers from FDA Over Juul Approval

    Senators Demand Answers from FDA Over Juul Approval

    A coalition of Democratic U.S. senators is pressing the Food and Drug Administration (FDA) for answers after it issued marketing granted orders (MGOs) for Juul e-cigarettes. Led by Senate Majority Whip Dick Durbin, the group—also including Senators Richard Blumenthal, Tammy Baldwin, Ed Markey, Jeff Merkley, Jack Reed, Ron Wyden and Elizabeth Warren—sent a letter to FDA Commissioner Marty Makary last week expressing deep concern over the agency’s reversal of prior marketing denial orders (MDOs) issued to Juul Labs Inc. in 2022.

    The lawmakers cited potential conflicts of interest, pointing to ties between former Trump administration officials and Juul’s lobbying efforts. They also highlighted Juul’s $1.1 billion settlement with 48 states over allegations of youth-targeted marketing.

    “We are deeply troubled by the appearance of conflicts of interest between the Trump administration and the e-cigarette industry in the United States,” the senators wrote, requesting detailed responses to their questions by August 22.

    The FDA has not yet responded publicly to the letter.

  • FDA Authorizes Juul E-Cigarettes in Tobacco and Menthol Flavors

    FDA Authorizes Juul E-Cigarettes in Tobacco and Menthol Flavors

    Today (July 17), the U.S. Food and Drug Administration (FDA) issued marketing granted orders (MGOs) for Juul Labs’ original e-cigarette device and refill cartridges in tobacco and menthol flavors.

    As part of its 2020 application, Juul submitted over 110 scientific studies to FDA covering nonclinical, clinical, and behavioral science. Following rigorous evaluation of the data, FDA decided that an MGO for the Juul System was “appropriate for the protection of public health” – the standard required by statute for authorization.

    “Today’s FDA authorization of Juul products marks an important step toward making the cigarette obsolete,” company CEO K.C. Crosthwaite said in a statement. “More than 2 million adult Americans have switched completelyaway from deadly cigarettes using Juul products. Meanwhile, underage use of our products is down 98% since 2019, to one-half of one percent of youth. 

    “We strongly support FDA’s role in regulating tobacco and nicotine products. Americans who use nicotine deserve an orderly, reliable market in which they can confidently choose from a wide array of smokefree nicotine products that are high-quality, innovative, backed by rigorous research, made in FDA-inspected manufacturing facilities, and marketed and sold responsibly.”

    The approval marks a major reversal after the FDA banned Juul’s products in 2022, citing concerns over public health. That decision was quickly stayed following an appeal by the company and formally rescinded in June 2024. During this time, Juul products remained on the market.

    “The decision follows wider expectations in the industry that the Trump Administration would ease regulatory hurdles for launching new vapes and other smoking alternatives,” Emma Rumney wrote for Reuters. “Some companies have seen FDA applications for new nicotine products languish for years or, like Juul, faced rejections that were challenged in court.”

    The approval breathes new life into Juul, which had faced regulatory roadblocks and financial turmoil after the initial ban. It also potentially signals a broader shift in FDA oversight, as the agency faces growing pressure over delays in product reviews and the proliferation of unauthorized nicotine products in the market. Juul’s authorization is seen as a potential bellwether for other pending applications in the vaping industry, the WSJ suggested.

  • 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.”

  • 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.