2FIRSTS | Special Report｜Reynolds’ 337 Patent Case Ends, but a Harsher 337 Compliance Battle Now Targets the Entire Vape Supply Chain
Reynolds’ patent case against vape manufacturers ended with invalidated claims, but a new ITC investigation focuses on regulatory compliance across the vape supply chain.Summary
The U.S. International Trade Commission (ITC) terminated Investigation 337-TA-1410 after finding key claims in R.J. Reynolds Vapor Company’s vape patent invalid, removing the immediate threat of import bans for numerous companies. The initial case targeted 35 respondents, including manufacturers, distributors, and retailers, many based in China. However, a new investigation, 337-TA-1486, has begun, shifting the focus to regulatory compliance and unfair competition, specifically concerning PACT Act reporting, state tax compliance, FDA marketing authorization, and flavored product restrictions. This represents a broader enforcement effort across the vape supply chain, moving beyond patent disputes. BAT executives have emphasized the need for stronger enforcement against non-compliant products to create a level playing field and protect companies investing in regulatory approvals. The shift in strategy highlights a growing intersection between litigation and regulatory enforcement in the U.S. vape market.
(Source：2Firsts)
