Less than a week after receiving marketing authorization from the U.S. Food and Drug Administration (FDA) on August 28, 2026, JUUL2 faced a patent infringement lawsuit in a Delaware federal court.
On September 3, AJ Marketing LLC sued JUUL Labs, alleging that both JUUL 1 and JUUL2 infringe upon U.S. Patent No. 8,851,068 B2. The patent relates to programmable electronic vaping devices, specifically covering controls for substance dosage, usage frequency, and device operating parameters.
The plaintiff is seeking reasonable royalties as well as ongoing royalties for the remainder of the patent’s term. JUUL has not yet publicly responded to the lawsuit.
Key Details of the JUUL2 Patent Lawsuit
- On August 28, the FDA authorized the U.S. market launch of the JUUL2 device and two 1.6% nicotine-strength pods.
- On September 3, AJ Marketing filed suit against JUUL Labs in the U.S. District Court for the District of Delaware, alleging infringement of patent US 8,851,068 B2 by the JUUL 1 and JUUL2 products.
- The patent in question covers programmable electronic vaping devices capable of limiting maximum dosage or atomizer activations within a specific timeframe and allowing for the adjustment of operating parameters.
- The plaintiff seeks reasonable royalties and ongoing royalties; the litigation is in its early stages and has not affected JUUL2’s existing FDA marketing authorization.
AJ Marketing Files Patent Infringement Lawsuit Against JUUL Labs
September 10, 2026. According to public court records from the U.S. District Court for the District of Delaware and reports by Bloomberg Law, AJ Marketing LLC filed a patent infringement lawsuit against JUUL Labs on September 3, 2026, alleging that the JUUL 1 and JUUL2 e-cigarette products infringe upon its U.S. Patent No. 8,851,068 B2.
The lawsuit comes less than a week after JUUL2 received FDA marketing authorization on August 28, meaning the product faces a new intellectual property dispute immediately after regaining regulatory market access in the United States.
JUUL2 Recently Received FDA Marketing Authorization
On August 28, the FDA issued marketing authorization for the JUUL2 e-cigarette system, covering the JUUL2 device and two pod varieties: 1.6% Virginia Tobacco and 1.6% Polar Menthol.
In its authorization announcement, the FDA stated that its review found evidence supporting the complete switch to the product by adult smokers, while also requiring JUUL Labs to continue fulfilling regulatory obligations such as post-market surveillance and marketing restrictions.
Data released by the FDA also indicated that, at the six-week follow-up, approximately 19.9% to 34.6% of adult smokers using the tobacco-flavored product had completely stopped smoking cigarettes, while the figure for those using the menthol-flavored product ranged from 28.4% to 49.3%.
This positions JUUL2 as a key product milestone for JUUL’s renewed expansion into the U.S. market.
AJ Marketing Files Suit Five Days After FDA Authorization
On September 3, AJ Marketing formally sued JUUL Labs in the U.S. District Court for the District of Delaware.
The case number is 1:2026cv01110.
The plaintiff alleges that both JUUL 1 and JUUL2 utilize technology protected by U.S. Patent No. 8,851,068 B2.
The patent relates to technology for programmable electronic devices; its core involves an electronic control system that meters the delivery of an atomizable substance and limits or adjusts the device’s operating parameters.
Patent claims include allowing users to alter device operating parameters, as well as limiting the maximum dosage released or the number of times the atomizer can be activated within a specific time window.
Patent at Issue Predates the JUUL2 Launch
U.S. Patent No. 8,851,068 B2 claims priority dating back to 2009; the application was filed in 2010 and granted in 2014.
Public patent records identify the inventors as Scott A. Cohen and Michael J. Bedecs, with AJ Marketing LLC listed as the assignee.
Bloomberg Law, citing the complaint, reported that the technology was originally associated with research into delivering substances such as caffeine and vitamin B12 via atomization, and was subsequently adapted for use in programmable electronic atomization devices.
This implies that AJ Marketing is not asserting rights to a new technology that emerged only after the launch of JUUL2, but rather to a patent granted years before JUUL2 hit the market.
AJ Marketing Seeks Licensing Fees and Ongoing Royalties
AJ Marketing is asking the court to rule that JUUL Labs infringed upon the patent in question and is seeking, at a minimum, reasonable licensing fees.
According to Bloomberg Law, the plaintiff is seeking damages for alleged infringement occurring within the six years prior to the filing of the lawsuit, as well as ongoing royalties for the remainder of the patent’s term.
The patent is set to expire in January 2031.
The case is currently in the early stages of litigation, and the court has not yet made a substantive ruling on the infringement claims.
JUUL has not yet issued a formal public response to the lawsuit.
Patent Lawsuit Does Not Automatically Affect FDA Authorization
The FDA marketing authorization for JUUL2 and the civil patent infringement lawsuit filed by AJ Marketing operate under distinct legal frameworks.
The FDA determines whether a product may be sold in the U.S. market through the Premarket Tobacco Product Application (PMTA) process, whereas patent litigation addresses intellectual property rights and damages under private law.
There is currently no public information indicating that this lawsuit has resulted in the suspension, revocation, or modification of JUUL2’s marketing authorization.
For the commercialization of JUUL2. The impact of the lawsuit centers primarily on potential licensing costs, liability for damages, and future product design and intellectual property arrangements, rather than on existing market access.
JUUL Enters a New Phase of U.S. Commercialization
Following FDA authorization for JUUL2, JUUL has re-entered a phase of compliant sales in the U.S. market.
However, this patent lawsuit demonstrates that regulatory approval is not the sole hurdle for the commercialization of vapes.
For established vape platforms, post-launch risks encompass patent issues, supply chains, distribution channels, and competitive dynamics.
JUUL has previously actively utilized intellectual property litigation to protect its technological assets, including filing patent-related lawsuits and initiating U.S. International Trade Commission (ITC) proceedings against competitors.
The reversal of roles—with JUUL now appearing as the defendant—illustrates that as the U.S. vape market increasingly consolidates around a few FDA-authorized platforms, disputes concerning core device technologies and patent rights are likely to intensify.
