Jamie D. Underwood
`Direct: +1.202.637.3365
`jamie.underwood@lw.com
`
`April 23, 2020
`
`BY EDIS
`
`The Honorable Lisa R. Barton
`Secretary to the Commission
`U.S. International Trade Commission
`500 E Street, S.W., Room 112
`Washington, DC 20436
`
`555 Eleventh Street, N.W., Suite 1000
`Washington, D.C. 20004-1304
`Tel: +1.202.637.2200 Fax: +1.202.637.2201
`www.lw.com
`
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`
`Re:
`
`Certain Tobacco Heating Articles and Components Thereof,
`ITC Docket No. 337-TA-3447
`
`Dear Secretary Barton:
`
`Enclosed please find as a courtesy filing the Public Interest Comments of the Progressive
`Policy Institute.
`
`Respectfully submitted,
`
`/s/ Jamie D. Underwood
`
`Jamie D. Underwood
`of LATHAM & WATKINS LLP
`
`Enclosure
`
`cc:
`
`Service List
`
`Philip Morris Products, S.A.
`Exhibit 1046
`PMP v. RAI
`IPR2020-00919
`
`Ex. 1046-001
`
`

`

`Investigation No. 337-TA-3447
`
`The Honorable Lisa R. Barton
`Secretary to the Commission
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
`Re: In the Matter of Certain Tobacco Heating Articles and Components Thereof
`Dear Secretary Barton:
`The Progressive Policy Institute has a long history supporting innovation across a wide range of areas,
`from tech to advanced manufacturing to biopharma to cross-border digital trade. One topic that we have
`followed closely is the development of innovative reduced-harm alternatives to conventional cigarettes.
`This is an especially important area given the health benefits of transitioning smokers to reduced harm
`alternatives.
`That’s why we were concerned and surprised when we saw that the IQOS system and related tobacco
`products might be excluded from the U.S. because of a patent complaint. We have no knowledge about
`the patent situation, but we do know that IQOS is unique as the only currently FDA authorized heated
`tobacco product that has been through FDA’s premarket tobacco application (PMTA) review process. As
`the FDA announced last April, a “rigorous science-based review” found that authorizing these products
`was “appropriate for the protection of the public health.”1
`The key is that these heated tobacco products combine low toxins with nicotine delivery close to
`combustible cigarettes. To the FDA, that suggested “a likelihood that IQOS users may be able to
`completely transition away from combustible cigarettes and use IQOS exclusively.”
`In the short run, excluding IQOS from the U.S. market would hurt those people who are currently using
`the product to transition away from more harmful tobacco products, or could be using it in the near
`future. Removing seems like a particularly bad thing to do in the middle of pandemic-related stresses
`around the country, especially when we’d like to get people off cigarettes that might harm lungs.
`But there’s a larger point as well. It was a real breakthrough when the manufacturers of IQOS
`successfully completed the full FDA screening process for the product, because it signaled that the
`incentives for public health, innovation and good science were finally getting aligned. It seems a shame
`that this win-win situation should be undercut by the exclusion of the product from the U.S. market for
`unrelated reasons.
`Sincerely,
`Dr. Michael Mandel
`Chief Economic Strategist
`Progressive Policy Institute
`
`1 https://www.fda.gov/news-events/press-announcements/fda-permits-sale-iqos-tobacco-heating-system-through-
`
`Ex. 1046-002
`
`

`

`
`
`CERTIFICATE OF SERVICE
`
`337-TA-3447
`
`It is hereby certified that copies of PUBLIC INTEREST COMMENTS were served on
`April 23, 2020 as follows:
`
`
`By EDIS
`
`The Honorable Lisa R. Barton
`Secretary to the Commission
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
`
`David M. Maiorana
`Ryan B. McCrum
`JONES DAY
`901 Lakeside Avenue
`Cleveland, OH 44114
`
`Stephanie E. Parker
`JONES DAY
`1420 Peachtree Street, N.E.
`Suite 800
`Atlanta, GA 30309
`
`Anthony M. Insogna
`JONES DAY
`4655 Executive Drive
`Suite 1500
`San Diego, CA 92121
`
`John J. Normile
`JONES DAY
`250 Vesey Street
`New York, NY 10281
`Tel: (212) 326-3939
`
`On Behalf of Complainants RAI Strategic
`Holdings, Inc., R.J. Reynolds Vapor Company, and
`R.J. Reynolds Tobacco Company
`
`
`
`
`By Email
`dmaiorana@jonesday.com
`rbmccrum@jonesday.com
`separker@jonesday.com
`aminsogna@jonesday.com
`jjnormile@jonesday.com
`
`
`
`/s/ Erika J. Weinstein
`Erika J. Weinstein
`LATHAM & WATKINS LLP
`
`
`
`
`
`Ex. 1046-003
`
`