On June 29, 2021, the ITC issued a Notice of Investigation in Certain Electrolyte Containing Beverages and Labeling and Packaging Thereof (Inv. No. 337-TA-1269).
By way of background, this investigation is based on a May 6, 2021 complaint filed by CAB Enterprises, Inc. of Houston, Texas ("CAB") and Sueros y Bebidas Rehidratantes, S.A. de C.V. of Mexico ("Sueros") alleging a violation of section 337 by 14 respondents in the unlawful importation and/or sale in the U.S. of certain electrolyte containing beverages and labeling and packaging thereof by reason of infringement of U.S. Trademark Registration Nos. 4,222,726; 4,833,885; 4,717,350; and 4,717,232.
According to the complaint, the respondents have imported/sold unlawful, mislabeled, and potentially harmful gray market and counterfeit beverage products bearing registered Electrolit® trademarks owned by Sueros and licensed to CAB that differ from genuine articles sold by CAB and its authorized distributors in the U.S. in many respects that are important to consumers. Electrolit® was originally developed as a solution for dehydration in children. CAB is requesting that the Commission issue a general exclusion order, or alternatively a limited exclusion order and permanent cease-and-desist order directed to respondents. According to the Notice of Investigation, the Office of Unfair Import Investigations will participate as a party in the investigation. Lastly, Chief ALJ Charles E. Bullock issued a notice indicating that ALJ MaryJoan McNamara will preside in the investigation.
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