Vape Industry Legal Battle: Juul Sues NJOY for Patent Infringement

Juul Sues NJOY for Patent Infringement

In a recent development, Juul Labs, the renowned e-cigarette company, has taken legal action against NJOY, a competitor in the pod vape market. Juul Labs has filed a complaint with the International Trade Commission (ITC) and a lawsuit in a federal district court, accusing NJOY of infringing on Juul’s patents. This article will delve into the details of this patent infringement dispute, the companies involved, and the potential implications for the vaping industry.

Juul’s Allegations and Actions

Juul Labs wasted no time in addressing the alleged patent infringement by NJOY. The company filed a complaint with the ITC and a lawsuit in a federal district court, seeking legal recourse. The exact nature of the patent infringement allegations has not been disclosed publicly, but the lawsuit filed in the U.S. District Court for the District of Arizona mentions that Juul Labs and its subsidiary VMR Products have charged NJOY with infringing on “five patents associated with ‘JUULpod’ cartridges.”

Juul’s Request to the International Trade Commission

Juul Labs has requested the ITC to investigate the patent complaints against NJOY. In a press release, Juul stated its request to the Commission to block the importation and sale of the allegedly infringing products in the United States. This move demonstrates Juul’s determination to protect its intellectual property rights and maintain a competitive advantage in the market.

NJOY and Altria Group’s Involvement

NJOY, along with its new corporate parent Altria Group, is at the center of this legal dispute. Despite being authorized by the FDA for marketing the NJOY Ace pod vape, NJOY has struggled to gain significant traction in the market. In contrast, Juul Labs’ JUUL device and the leading Vuse Alto dominate sales in convenience stores. Altria Group’s recent acquisition of NJOY for a staggering $2.75 billion, shortly after divesting its minority ownership in Juul Labs, has made NJOY a more formidable opponent.

The Role of FEELM and Smoore

Both the NJOY Ace and the Vuse Alto utilize heating components designed by FEELM, the atomization division of Smoore, a prominent Chinese vape company. Smoore, which became a publicly traded company in 2020, has not been named in Juul’s legal complaints against NJOY. The involvement of FEELM in the creation of these pod-based vapes adds an interesting dimension to the legal battle.

Juul’s Previous Legal Victories

Juul Labs has a history of successfully pursuing patent and trademark complaints against its competitors. However, the targets of these actions were smaller companies involved in producing knockoffs of Juul products or selling “Juul-compatible” pods. With the backing of Altria Group, NJOY presents a more significant challenge for Juul Labs in this legal endeavor.




The patent infringement dispute between Juul Labs and NJOY has the potential to reshape the vaping industry’s competitive landscape. Juul’s legal actions against NJOY, both with the ITC and in federal court, reflect its commitment to protecting its intellectual property. As the legal proceedings unfold, the industry and consumers await the outcome and the implications it may have on the availability and future development of pod-based vape products.

Matthew Ma