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Tag: Juul

  • Court Allows Majority of Juul Lawsuits to Proceed

    Court Allows Majority of Juul Lawsuits to Proceed

    A judge in Delaware Superior Court largely denied a motion by Juul Labs Inc. to dismiss more than 1,000 consolidated lawsuits alleging the company misled consumers about the health risks and addictiveness of its e-cigarettes. The plaintiffs claim Juul’s marketing, product design, and nicotine formulations contributed to addiction and health harms, particularly among young users, and that the company failed to adequately warn consumers. Juul had argued that many of the claims were legally deficient and should be thrown out before trial.

    The court trimmed or dismissed certain narrower counts, but allowed most of the core claims to move forward, including allegations tied to consumer protection, fraud, and failure to warn. The ruling means the bulk of the litigation will proceed into further discovery and pretrial phases.

  • Court Certifies Juul Direct Purchaser Class in Altria Antitrust Case

    Court Certifies Juul Direct Purchaser Class in Altria Antitrust Case

    A U.S. federal court certified a class of direct purchasers of Juul Labs, Inc. products in California, allowing claims against Altria Group, Inc. over its 2018 $12.8 billion investment for a 35% stake in Juul, according to Law 360. Judge William H. Orrick cited “common, predominant questions” and a strong inference of class-wide impact, finding class resolution preferable to individual suits, while purchasers may opt out. Plaintiffs allege the investment led Altria to exit the e-cigarette market, reduce product variety, and raise prices.

    Law 360 said the direct purchaser class covers those buying Juul products from October 5, 2018, to the present. Judge Orrick rejected arguments that separate contracts and pricing arrangements make named purchasers atypical, noting claims are typical across the class and representatives are adequately motivated. An imperfect understanding of class membership does not undermine adequacy so long as representatives understand the claims and responsibilities.

    Indirect purchaser and reseller classes were also certified, though plaintiffs from Arkansas, South Carolina, Tennessee, and Virginia were excluded due to state law restrictions. The indirect purchaser class covers Juul pod purchases for personal use from October 25, 2018, to March 29, 2024, and the indirect reseller class covers purchases for resale from December 1, 2018, to March 31, 2025. The FTC had previously challenged Altria’s Juul stake but dropped its case in 2023 after the company fully unwound its investment.

  • Walgreens Begins Selling Vapes Again

    Walgreens Begins Selling Vapes Again

    Walgreens began selling vape products in many of its U.S. stores, marking a notable reversal of its 2019 decision to pull e-cigarettes amid concerns over youth use, according to Crain’s Chicago Business. The move comes after the struggling pharmacy chain was acquired by private equity firm Sycamore Partners last year and reflects efforts to open new revenue streams as the retail pharmacy sector faces pressure from online competition and lower reimbursement rates.

    Juul Labs said its products are, or will soon be, available in about 6,000 of Walgreens’ nearly 8,500 locations, while Altria-owned NJOY also lists Walgreens as a retail partner. Walgreens said it is offering “compliant products” for adult consumers, citing changes in the regulatory landscape after the FDA authorized several vaping products starting in 2021.

    Many Walgreens locations still sell cigarettes, though some states and local governments prohibit such products in “pharmacies.”

  • Altria Pushes to End Juul’s ITC Patent Investigation

    Altria Pushes to End Juul’s ITC Patent Investigation

    NJOY and Altria Group are asking a federal judge in Virginia to immediately halt a U.S. International Trade Commission investigation triggered by Juul Labs’ nicotine-salt patent claims, arguing the ITC lacks constitutional authority to hear the case. In a reply filed Tuesday (January 6) in the U.S. District Court for the Eastern District of Virginia, the companies urged the court to grant summary judgment and permanently enjoin the ITC proceeding rather than allow it to continue while constitutional challenges are litigated.

    The filing argues the investigation violates the Appointments Clause, improperly insulates ITC administrative law judges through double for-cause removal protections, and infringes Article III limits, citing the Supreme Court’s decision in SEC v. Jarkesy. Altria and NJOY contend they are suffering irreparable harm by being subjected to an allegedly unconstitutional process, noting the ITC has scheduled an evidentiary hearing for April 22, 2026.

  • Juul, NJOY, and Altria Battle Over Public Document Case

    Juul, NJOY, and Altria Battle Over Public Document Case

    Juul Labs asked a federal court in Arizona to block rivals NJOY and Altria from using documents hosted in a public University of California, San Francisco (UCSF) database, according to a joint court filing dated December 24. The dispute arises in an ongoing patent lawsuit, with Juul arguing that some documents were inadvertently disclosed during a large-scale production tied to state settlement agreements and remain protected by attorney–client privilege.

    NJOY and Altria oppose the request, saying the documents have been publicly accessible online for months or years and are therefore no longer privileged. They argue the materials may contain evidence relevant to alleged misconduct in Juul’s patent filings. After failed negotiations, the issue has been submitted to U.S. District Judge John J. Tuchi, who will decide whether the publicly available documents can be excluded from use in the litigation.

  • USITC Launches Probe Following Juul Complaint

    USITC Launches Probe Following Juul Complaint

    The U.S. International Trade Commission instituted a Section 337 investigation after a complaint filed by Juul Labs, Inc. and VMR Products LLC alleging patent infringement involving certain vaporizer devices, cartridges, and related components. The complaint, filed on September 30 and supplemented in November and December, asserts infringement of two U.S. patents—Nos. 11,134,722 and 11,606,981—through the importation and sale of the accused products in the United States. The investigation covers ENDS devices, pods, and components such as atomizers and subassemblies.

    Juul and VMR, both based in Washington, D.C., are seeking a limited exclusion order and cease and desist orders. The named respondents are Glas, Inc. and Glas, LLC of Los Angeles. The USITC said its Office of Unfair Import Investigations will not participate in the case.

  • Alaska Settles 2020 Suit with Juul, Altria for $7.8M  

    Alaska Settles 2020 Suit with Juul, Altria for $7.8M  

    The State of Alaska has reached a $5.8 million settlement with Juul over allegations that the company marketed vaping products to minors, bringing total recoveries in the case to $7.8 million, including a prior settlement with Altria. The lawsuit, filed in 2020, accused the companies of designing and promoting products in ways that appealed to children and teenagers.

    Under the agreement, payments from Juul will be made over five years, with the first installment due this month. Settlement terms also impose court-enforceable marketing restrictions in Alaska.

    Half of the settlement funds will support Alaska’s tobacco prevention and control programs, with the remainder directed to state consumer protection efforts.

  • 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.”