The U.S. International Trade Commission (ITC) issues partial determinations in the 337 investigation (code: 337-TA-1381) regarding certain disposable e-cigarettes.
ITC’s Determinations
The ITC has opted not to review several initial determinations, including the termination of investigations and issuance of consent orders for companies accused of false advertising and unfair competition. Notable determinations include the termination of investigations against U.S. companies EVO Brands, LLC and PVG2, LLC, as well as China’s Guangdong Shenzhen Fu Mote Technology Co., Ltd and China’s Guangdong Shenzhen Innokin Technology Co., Ltd.
Key Dates and Events
The investigation stemmed from allegations by U.S. R.J. Reynolds Tobacco Company and R.J. Reynolds Vapor Company in October 2023, citing violations of U.S. Section 337 related to false advertising, fictitious origin marking, and unfair competition. The ITC’s vote in December 2023 initiated the investigation, leading to subsequent determinations.
Implications and Significance
These determinations underscore the U.S.’s commitment to addressing unfair competition in the imported e-cigarette market. By assessing allegations of false advertising and unfair practices, the ITC aims to uphold market integrity and competitiveness.
Conclusion
As the U.S. ITC concludes its investigation into specific disposable e-cigarettes, the outcomes reflect efforts to uphold fair competition and regulatory compliance in the e-cigarette market. With termination orders and consent decrees issued, both U.S. and Chinese companies implicated in the investigation must navigate regulatory scrutiny and ensure compliance with U.S. Section 337 regulations moving forward.