The U.S. International Trade Commission ruled on Wednesday that some Njoy Ace vaping products violated patents held by rival vaping company Juul. As a result, those products cannot be imported to or sold in the U.S. until the patents expire in 2034 and 2037, according to an announcement from Juul.
The decision now goes to the Office of the U.S. Trade Representative for final review. If that office agrees with the judicial findings, the exclusion and cease-and-desist orders would take effect no later than March 31, 2025, according to Juul’s announcement.
Altria, the tobacco company that bought Njoy in March 2023, said in its fourth-quarter earnings release on Thursday that “NJOY continues work on its product solution that addresses all of the patents at issue in the event the ITC’s decision is not rejected by the Trade Representative.”
Juul initially filed infringement complaints against Njoy and Altria in July 2023. A month later, Altria filed its own patent infringement suit against Juul, a case which is still ongoing.
“We are pleased by the ITC’s decision to protect our U.S.-developed innovations against those who seek to import copycat products, principally from China,” said Juul Labs Chief Legal Officer Tyler Mace in the announcement.
The decision could put a damper on Njoy’s growth in the U.S. market. The company saw its overall Njoy shipments rise 15.3% year-over-year in the fourth quarter and surpass 46 million for 2024. The brand’s market share in the U.S. multi-outlet and convenience channel increased to 6.4% in Q4 as well. It also received the first U.S. marketing approval for a menthol-flavored e-cigarette product in June from the Food and Drug Administration.
Other vape makers may join it soon, however. The FDA withdrew a proposal to outlaw menthol cigarettes earlier this month.
