News Release30 September 2021
BAT's response to yesterday's U.S. International Trade Commission Final Determination
A spokesperson for the BAT Group said:
“Yesterday, the U.S. International Trade Commission issued its Final Determination that Philip Morris and Altria’s IQOS products infringe two patents owned by the BAT Group. As a result, the ITC issued an order preventing Philip Morris and Altria from importing the infringing products, the IQOS 2.4, IQOS 3, IQOS 3 Duo and their accompanying Heatsticks into the United States and preventing Philip Morris USA and Altria Client Services from selling already imported IQOS and Heatsticks in the United States.
“BAT is committed to its purpose of building A Better Tomorrow and is investing significantly behind its unique multi-category portfolio of scientifically-substantiated potentially reduced risk nicotine products. Our Vuse vapour and VELO modern oral ranges are available in the U.S. for adult nicotine consumers seeking alternatives to combustible cigarettes.
“Infringement of our intellectual property undermines our ability to invest and innovate and thereby reduce the health impact of our business. We will therefore defend our IP robustly across the globe.”
Forward Looking Statements
References to ‘BAT’, ‘BAT Group’, ‘we’, ‘us’ and ‘our’ refer to BAT Group operating companies, collectively or individually as the case may be. This release contains certain forward-looking statements, including “forward-looking” statements made within the meaning of the US Private Securities Litigation Reform Act of 1995. These statements are often, but not always, made through the use of words or phrases such as “believe,” “anticipate,” “could,” “may,” “would,” “should,” “intend,” “plan,” “potential,” “predict,” “will,” “expect,” “estimate,” “project,” “positioned,” “strategy,” “outlook”, “target” and similar expressions. These include statements regarding our intentions, beliefs or current expectations reflecting knowledge and information available at the time of preparation, and concerning our results of operations, financial condition, liquidity, prospects, growth, strategies and the economic and business circumstances occurring from time to time in the countries and markets in which BAT Group companies operate, including the projected future financial and operating impacts of the COVID-19 pandemic.
All such forward-looking statements involve estimates and assumptions that are subject to risks, uncertainties and other factors. It is believed that the expectations reflected in this release are reasonable but they may be affected by a wide range of variables that could cause actual results to differ materially from those currently anticipated.
Among the key factors that could cause actual results to differ materially from those projected in the forward-looking statements are uncertainties related to the following: the impact of adverse domestic or international legislation and regulation; the inability to develop, commercialise and deliver BAT’s New Categories strategy; the impact of significant increases or structural changes in tobacco, nicotine and New Categories-related taxes; changes or differences in domestic or international economic or political conditions; the impact of serious injury, illness or death in the workplace; adverse decisions by domestic or international regulatory bodies; and the inability to lead the development and roll-out of BAT innovations (New Category products and combustibles), including as a result of unsuccessful research and development or a failure to develop robust scientific risk assessment frameworks. The forward-looking statements reflect knowledge and information available at the date of preparation of these materials, and BAT undertakes no obligation to update or revise these forward-looking statements, whether as a result of new information, future events or otherwise. Readers are cautioned not to place undue reliance on such forward-looking statements.
The material in this release is provided for the purpose of giving information about BAT to stakeholders only and is not intended for general consumers. BAT, its directors, officers, employees, agents or advisers do not accept or assume responsibility to any other person to whom this material is shown or into whose hands it may come and any such responsibility or liability is expressly disclaimed. The material in this release is not provided for product advertising, promotional or marketing purposes. This material does not constitute and should not be construed as constituting an offer to sell, or a solicitation of an offer to buy, any of our products. Our products are sold only in compliance with the laws of the particular jurisdictions in which they are sold.
Additional information concerning these and other factors can be found in British American Tobacco p.l.c.’s filings with the US Securities and Exchange Commission (“SEC”), including the Annual Report on Form 20-F and Current Reports on Form 6-K, which may be obtained free of charge at the SEC’s website, http://www.sec.gov.