Big Tobacco Loses: International Trade Commission Rejects Effort Ban Vape Products

You may not have been aware that adult access to nicotine vapor products was on trial at the U.S. International Trade Commission (ITC). The stakes were high. If RJ Reynolds had succeeded, the importation of popular disposable vaping products would have been blocked immediately. 

On March 10th 2026, the ITC determined that SV3, a major distributor of vaping products in the United States, did not violate Section 337 in a case brought by RJ Reynolds (RJR). Here you can read the Vapor Technology Association's official statement.

The complaint accused SV3 and 34 other manufacturers of unfairly importing disposable vape products. However, the Commission found that their patent claims were invalid, bringing the investigation to a close.

This decision is significant because it RJR sought to remove the vast majority of vaping products from the U.S. market, effectively removing their competition. 

This is an important moment for independent vape companies and consumers. The decision helps preserve a competitive marketplace, allowing independent brands to continue offering alternatives to traditional cigarettes while maintaining consumer choice in the vaping category.

Sterne Kessler Secures Victory for SV3 in Section 337 Investigation

Washington, D.C. (March 10, 2026) – Sterne, Kessler, Goldstein & Fox secured a defense victory for SV3, a leading distributor of vape products in the United States, in Investigation No. 337-TA-1410 before the U.S. International Trade Commission (ITC). The Commission issued its final determination on March 10, 2026, with a finding of no violation of Section 337.

Complainant RJ Reynolds (RJR) accused SV3 and 34 other disposable e-cigarette manufacturers and distributors of unfair importation. RJR moved for emergency relief via a motion for a Temporary Exclusion Order (TEO), which was defeated in November 2024. 

In the final determination, the Commission reversed the Administrative Law Judge's (ALJ) initial determination of violation, finding that the two surviving dependent claims of U.S. Patent No. 11,925,202 were invalid as obvious under 35 U.S.C. 103. Accordingly, the Commission found no violation and terminated the investigation. 
“We are pleased with the Commission’s final determination, which brings this investigation to a close for our client,” said Danny Yonan. “We appreciate the Commission’s careful consideration of the record.”

The Sterne Kessler team representing SV3 was led by Directors Daniel Yonan, head of the firm’s U.S. International Trade Commission Practice Group, and Uma Everett, a member of the firm’s Trial & Appellate Practice Group.

The team also included Directors Kyle Conklin, Kristina Caggiano Kelly, and Ryan Richardson, and Associates Tyler Drye, Brooke McLain, and Joseph Venier.

About Sterne, Kessler, Goldstein & Fox

Based in Washington, D.C. and renowned for more than four decades for dedication to the protection, enhancement, and enforcement of intellectual property rights, Sterne, Kessler, Goldstein & Fox is one of the most highly regarded intellectual property specialty law firms in the world. Its team of attorneys, registered patent agents, technical specialists, specialized trademark paralegals, and law clerks include some of the country’s most respected practitioners of IP law, tackling innovations across a broad spectrum of industries. The firm’s practitioners represent Fortune 500 companies, entrepreneurs, start-ups, inventors, venture capital firms, and universities in a client service driven environment that is welcoming, inclusive, and intellectually stimulating. Visit the firm online at sternekessler.com.

Statement from Vapor Technology Association

WASHINGTON – March 11, 2026 – 

Yesterday’s decision by the International Trade Commission ruling no violation in the case brought by R.J. Reynolds Tobacco Company and its affiliates is a corroboration and validation of what the Vapor Technology Association has passionately advocated for: a free and fair marketplace that limits the power of Big Tobacco monopolies and allows the independent U.S. vaping industry a chance to continue to deliver less harmful vaping products to American consumers struggling to quit smoking. 

Without this ruling, an exclusion order banning all nicotine vaping devices from entering the United States would have been implemented. Such a ban would have decimated the independent U.S. vaping industry – which accounts for more than $20 billion in economic output and employs approximately 130,000 Americans – and handed control of the entire vaping marketplace to a cigarette company, forcing Americans to return to smoking deadly cigarettes. 

The ITC’s decision yesterday represents a positive path forward for our industry. It proves that unlike the misguided FDA, some federal agencies are still willing to stand up to corporate interests for the good of our free market and American public health. The ITC’s decision, rejecting all of the claims, is a decisive blow against those seeking to use government agencies to corner a market and a huge step for President Trump’s America First agenda. 

We appreciate the ITC referencing our submission in its final decision and take this inclusion as a sign that the ITC seriously listened to the concerns of the massive American independent vaping industry.