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Vape Manufacturer Seeks General Exclusion of Imported Disposable Vaping Devices

October 18, 2023 |AD/CV - Patent

Comments are due to the International Trade Commission by Oct. 27 in a potential Section 337 investigation and general exclusion order on imported disposable vaporizers, the agency said in a Federal Register notice.

The request for comments followed an Oct. 13 complaint by R.J. Reynolds Tobacco Co. and R.J. Reynolds Vapor Co. accusing 20 manufacturers and six distributors of importing and selling vaporizers using false and misleading advertising, in addition to violating regulations on the sale of tobacco products and violating federal customs laws and regulations.

The complainants argued that the limited exclusion order would be insufficient because foreign manufacturers are not required to register with the FDA, which limits the ability to identify the true manufacturers and importers. The economic barriers to entry are low, and manufacturers and importers skirt existing import bans by renaming or reclassifying products, the complaint said. This changing of identity, branding and distribution methods allows products to avoid detection and bans by the FDA, CBP and Bureau of Alcohol, Tobacco, Firearms and Explosives, R.J. Reynolds said.

The complainants argued that imported disposable vapes are falsely advertised as authorized for sale in the U.S., despite lacking premarket product authorization from the FDA. This skirting of regulations also means that imported vapes are often marketed to youths, R.J. Reynolds said. Flavored disposable vapes have become the most commonly used electronic cigarettes among teenagers. "To protect not only Complainants’ interests in a fair market among adult consumers of Complainants’ products, but also to protect America’s youth, the Commission should institute an investigation into Proposed Respondents and issue a general exclusion order," the complainants said.

The full list of proposed respondents follows: