Altria and NJOY Respond to ITC Initial Determination in Complaint Against NJOY
27 Août 2024 - 2:00PM
Business Wire
Altria Group, Inc. (NYSE: MO) and its operating company NJOY
today respond to the U.S. International Trade Commission (ITC)
Administrative Law Judge’s (ALJ) initial determination regarding
the patent infringement complaint JUUL Labs, Inc. (JUUL) filed
against NJOY.
Last week, the ALJ provided notice of her initial determination
supporting JUUL’s allegations in its complaint and recommending an
exclusion order that would prohibit the importation of NJOY ACE
(ACE) into the United States.
Altria and NJOY respectfully disagree with the ALJ’s initial
determination, and NJOY looks forward to presenting its position to
the full ITC, which is expected to issue a final decision by
December 23, 2024.
In August 2023, NJOY filed a similar, independent patent
infringement complaint against JUUL with the ITC seeking a ban on
the importation and sale of JUUL products in the United States. A
hearing before the ALJ was held in June 2024, and an initial
determination is expected in late September. A positive outcome in
this case would not preclude an exclusion order against ACE from
taking effect.
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 (SE) 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.
ACE is the first pod-based e-vapor product and the only
pod-based menthol e-vapor product authorized by the FDA as
appropriate for the protection of public health. An exclusion order
banning the importation of ACE would severely limit FDA-authorized
choices for adults and undermine public health.
Altria’s Profile
We have a leading portfolio of tobacco products for U.S. tobacco
consumers age 21+. Our Vision is to responsibly lead the transition
of adult smokers to a smoke-free future (Vision). We are Moving
Beyond Smoking™, leading the way in moving adult smokers away from
cigarettes by taking action to transition millions to potentially
less harmful choices - believing it is a substantial opportunity
for adult tobacco consumers, our businesses and society.
Our wholly owned subsidiaries include leading manufacturers of
both combustible and smoke-free products. In combustibles, we own
Philip Morris USA Inc. (PM USA), the most profitable U.S. cigarette
manufacturer, and John Middleton Co. (Middleton), a leading U.S.
cigar manufacturer. Our smoke-free portfolio includes ownership of
U.S. Smokeless Tobacco Company LLC (USSTC), the leading global
moist smokeless tobacco (MST) manufacturer, Helix Innovations LLC
(Helix), a leading manufacturer of oral nicotine pouches, and NJOY,
LLC (NJOY), an e-vapor manufacturer with a commercialized product
portfolio fully covered by marketing granted orders from the U.S.
Food and Drug Administration (FDA).
Additionally, we have a majority-owned joint venture, Horizon
Innovations LLC (Horizon), for the U.S. marketing and
commercialization of heated tobacco stick products.
Our equity investments include Anheuser-Busch InBev SA/NV (ABI),
the world’s largest brewer, and Cronos Group Inc. (Cronos), a
leading Canadian cannabinoid company.
The brand portfolios of our operating companies include
Marlboro®, Black & Mild®, Copenhagen®, Skoal®, on!® and NJOY®.
Trademarks related to Altria referenced in this release are the
property of Altria or our subsidiaries or are used with
permission.
Learn more about Altria at www.altria.com and follow us on X
(formerly known as Twitter), Facebook and LinkedIn.
Forward-Looking and Cautionary Statements
This release contains certain forward-looking statements that
are made pursuant to the Safe Harbor Provisions of the Private
Securities Litigation Reform Act of 1995. These forward-looking
statements relate to the status of currently pending litigation and
regulatory filings, which are inherently subject to risks and
uncertainties, and we cannot predict the timing or outcome of any
litigation or regulatory filing. Factors that could cause actual
results to differ materially from those contained in, or implied
by, the forward-looking statements included in this release include
uncertainty and delays with respect to pending or future litigation
proceedings and regulatory review timelines, and unfavorable
outcomes with respect to such litigation proceedings or regulatory
reviews, among others. Other risk factors are detailed from time to
time in our publicly filed reports, including our Annual Report on
Form 10-K for the year ended December 31, 2023. These
forward-looking statements speak only as of the date of this
release. We assume no obligation to provide any revisions to, or
update, any projections and forward-looking statements contained
in, or implied by, this release.
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