The International Trade Commission is issuing a limited exclusion order banning imports of e-cigarette cartridges from four companies that it has determined infringe patents held by Juul, it said in a notice. The order, which applies to DripTip Vapes, Shenzhen OVNS, Shenzhen Haka and Shenzhen OCIGA, concludes a Section 337 investigation that began in December 2018 (see 1812270023), based on allegations that companies mainly in the U.S. and China are manufacturing, importing and selling products that copy Juul's patented technologies, including for nicotine “pods,” mouthpieces, storage compartments and heaters. The ITC also issued cease and desist orders against DripTip, OVNS, Haka and OCIGA, and set bond at 281% for entries of covered products imported during the 60-day period the administration has to review the exclusion order.
The United Arab Emirates introduced an excise duty on “sweetened beverages” and vaping products beginning Dec. 1, according to a Dec. 12 report from the Hong Kong Trade Council. The country will levy a 50 percent tax on sweetened drinks and a 100 percent tax on “electronic smoking devices and tools, as well as the liquids used” with the devices, the report said. The duty on sweetened drinks applies to any beverage that has added sugar or other sweeteners, and applies to “liquid, concentrate, powder, extract, or any product that may be converted into a drink.” Exclusions include drinks that contain a minimum of 75 percent milk, milk products or baby formula.
T-Mobile/Sprint deal sweeteners including free 5G for first responders and a homework-gap program aren’t enough for New York Attorney General Letitia James (D), she said Tuesday during a webcast news conference on vaping. “Providing public benefits are good, but it does not address the antitrust violations,” said James. Trial starts Dec. 9 in the New York and other state AGs' lawsuit against the deal at the U.S. District Court for the Southern District of New York. A status conference scheduled for Thursday is expected to be a mostly routine pretrial preparation, though the court might also address DOJ's Nov. 8 objection (in Pacer) to Munger Tolles attorney Glenn Pomerantz representing New York and California. DOJ objected because Pomerantz was lead trial counsel for the U.S. in its lawsuit to block AT&T's buy of T-Mobile and "had access to confidential government information that creates a conflict." Pomerantz's legal representative replied (in Pacer) Thursday that DOJ's letter is "untimely, misapplies the relevant ethical rules, ignores the governing 'trial taint' standard for disqualification in this Circuit, and disregards that the Defendants have acknowledged that they have no issue with Mr. Pomerantz and the Firm’s representation of Plaintiff States."
The biggest industry question mark going into the Tuesday to Thursday 2019 Radio Show in Dallas is the future of the AM/FM subcaps, said broadcasters, media brokers and broadcast attorneys in interviews. An NAB spokesperson said the trade group doesn’t announce show attendance, but it’s generally 1,500-2000.
The Government Accountability Office found that e-cigarette devices brought in $71.5 million in tariff revenues from 2016 to 2018, while parts for the vaping industry were responsible for $41.6 million in tariffs. The liquid for e-cigarettes is imported at lower volumes, and accounted for $7.4 million in tariffs during the two-year period.
The National Association of Attorneys General urged streaming services to protect young viewers from tobacco imagery in video content. In a letter released Wednesday, 43 state and territory AGs said the companies should eliminate or exclude tobacco imagery in future original streamed content for young viewers; designate as such tobacco-free content for all ages; allow controls to restrict access to content with tobacco imagery, regardless of rating; and stream “strong anti-smoking and/or anti-vaping Public Service Announcements, as appropriate, before all content with tobacco imagery.” The letters were sent to 13 companies, including Amazon.com, Comcast, Discovery, Google and Viacom, NAAG said. The companies didn't comment.
The National Association of Attorneys General urged streaming services to protect young viewers from tobacco imagery in video content. In a letter released Wednesday, 43 state and territory AGs said the companies should eliminate or exclude tobacco imagery in future original streamed content for young viewers; designate as such tobacco-free content for all ages; allow controls to restrict access to content with tobacco imagery, regardless of rating; and stream “strong anti-smoking and/or anti-vaping Public Service Announcements, as appropriate, before all content with tobacco imagery.” The letters were sent to 13 companies, including Amazon.com, Comcast, Discovery, Google and Viacom, NAAG said. The companies didn't comment.
The National Association of Attorneys General urged streaming services to protect young viewers from tobacco imagery in video content. In a letter released Wednesday, 43 state and territory AGs said the companies should eliminate or exclude tobacco imagery in future original streamed content for young viewers; designate as such tobacco-free content for all ages; allow controls to restrict access to content with tobacco imagery, regardless of rating; and stream “strong anti-smoking and/or anti-vaping Public Service Announcements, as appropriate, before all content with tobacco imagery.” The letters were sent to 13 companies, including Amazon.com, Comcast, Discovery, Google and Viacom, NAAG said. The companies didn't comment.
The International Trade Commission is beginning another Section 337 investigation into allegations that electronic delivery systems from a second set of companies infringe patents held by Juul Labs, it said in a press release. In a complaint filed Nov. 20, Juul had alleged that companies mainly in the U.S. and China are manufacturing, importing and selling products that copy its patented designs, including nicotine “pods,” mouthpieces, storage compartments and heaters. The ITC recently began another investigation based on Juul's similar allegations against another set of companies (see 1812130036). In this investigation, the ITC will consider whether to issue a limited exclusion order and cease and desist orders banning importation and sale of infringing merchandise by the following companies:
The International Trade Commission will consider bans on imports of e-cigarettes from a lengthy list of companies in the U.S. and China, beginning a Section 337 investigation Dec. 10 to consider Juul Labs' claims of patent infringement, the ITC said in a news release. In a complaint filed in early October (see 1810110024), Juul said the companies are manufacturing, importing and selling products that copy its patented designs, which cover pod-based e-cigarettes that use a heating element that atomizes a nicotine-containing liquid in a pod and delivers it to the user through the mouthpiece as a vapor. Juul has since filed a second, separate Section 337 complaint on the same products from a different set of companies (see 1811270017). The ITC will in its investigation consider issuing a limited exclusion order and cease and desist orders banning importation and sale of electronic nicotine delivery systems by the following respondents: