In a recent court filing, NJOY, LLC, NJOY Holdings, Inc., Altria Group, Inc., Altria Group Distribution Co., and Altria Client Services LLC have initiated legal action against the International Trade Commission (ITC) and its officials. The plaintiffs are seeking injunctive and declaratory relief to halt an ITC proceeding that aims to prevent them from importing certain e-vapor devices into the United States. They argue that the ITC’s actions violate constitutional principles including the Appointments Clause, Article II regarding presidential removal powers, and Article III concerning judicial powers. The plaintiffs assert that these proceedings infringe upon their rights by bypassing judicial processes typically reserved for courts.
The case is filed in the United States District Court for the Eastern District of Virginia, Richmond Division. The plaintiffs are represented by Turner A. Broughton of Williams Mullen and other attorneys from Weil, Gotshal & Manges LLP and Fried, Frank, Harris, Shriver & Jacobson LLP.
The complaint highlights issues with how Administrative Law Judges (ALJs) are appointed within the ITC and challenges their protection from removal as unconstitutional. Additionally, it raises concerns about adjudicating private rights without a jury trial as required under Article III and the Fifth and Seventh Amendments.
Source: 325cv00930_NJoy_LLC_v_The_International_Trade_Commission_Complaint_Eastern_District_Virginia.pdf
