2FIRSTS | JUUL2 Sued Within a Week of FDA Authorization as AJ Marketing Alleges Infringement of Programmable Vape Patent
Five days after FDA authorization, JUUL Labs is sued for patent infringement over its JUUL1 and JUUL2 devices.Summary
On September 3, 2026, AJ Marketing LLC filed a patent infringement lawsuit against JUUL Labs in Delaware federal court, just five days after the JUUL2 system received FDA marketing authorization on August 28. The lawsuit alleges that both the original JUUL1 and the new JUUL2 devices infringe U.S. Patent No. 8,851,068 B2, which covers programmable electronic vaporization technology, including controls for dose delivery, usage frequency, and operating parameters. The patent, filed in 2010 and granted in 2014, predates the JUUL2 by over a decade. AJ Marketing seeks a finding of infringement, reasonable royalties for past use, and ongoing royalties for the patent's remaining life (expiring January 2031). JUUL has not yet publicly responded. The case is separate from the FDA's regulatory approval, which remains unaffected for now, and represents a new commercial challenge for JUUL involving intellectual property risks in the U.S. market.
(Source：2Firsts)
