Altria looks to resolve patent case against JUUL over NJOY product

Altria Group (NYSE:MO) and its operating company NJOY responded on Tuesday to the U.S. International Trade Commission Administrative Law Judge’s initial determination regarding the patent infringement complaint filed by JUUL Labs against NJOY. Last week, the initial determination was supporting JUUL’s allegations in its complaint and included a recommendation for an exclusion order that would prohibit the importation of NJOY ACE into the United States.

Altria (MO) and NJOY said that they respectfully disagree with the initial determination. NJOY looks forward to presenting its position to the full ITC, which is expected to issue a final decision by December 23, 2024.

“We continue to work to bring this issue to resolution. The parties have engaged with a mediator to attempt to negotiate a resolution of these disputes. In addition, NJOY recently filed Substantial Equivalence Exemption requests with the FDA to allow NJOY to market an already-developed ACE product with minor modifications that we believe avoid three of the four JUUL patent claims at issue in the case.”

Earlier in the year, the FDA issued marketing granted orders for NJOY for 4 menthol e-cigarette variants (NJOY Ace Pod Menthol 2.4%, NJOY Ace Pod Menthol 5%, NJOY Daily Menthol 4.5%, and NJOY Daily Extra Menthol 6%). The four variants are the first flavored vaping products to receive market granted orders.

In June, Altria (MO) celebrated the one-year anniversary of welcoming NJOY into its family of companies. Since then, Altria (MO) has strengthened NJOY’s supply chain to enable expansion plans, tripled NJOY’s retail footprint to over 100,000 stores, secured premium positioning at retail and more than 80% of contracted stores through NJOY’s first trade program, and launched various trial-generating activities.