In March 2026, the U.S. International Trade Commission (ITC) officially terminated its Section 337 investigation regarding certain electronic nicotine delivery systems, delivering a complete victory for respondents Price Point NY and Pastel Cartel.
Complainants R.J. Reynolds Tobacco Company and R.J. Reynolds Vapor Company had sought a sweeping General Exclusion Order (GEO) to ban the importation of numerous popular disposable vape products into the United States. The complainants alleged patent infringement concerning internal circuitry and vaporization technology, alongside claims of unfair competition.
Overcoming the Threat of an Importation Ban
Led by attorney May Eaton, Bochner PLLC successfully defended Price Point and Pastel Cartel against the proposed exclusion order, which posed a critical operational risk to third-party vape distributors and manufacturers nationwide.
The Administrative Law Judge and the Commission ultimately found no violation of Section 337. With the investigation terminated, both Price Point and Pastel Cartel are cleared to maintain their standard import and distribution operations without the threat of a customs ban under this investigation.
