Certain Coated Confectionery Products and Components Thereof; Inv. No. 337-TA-1501

The ITC instituted Investigation No. 337-TA-1501 based on Promotion in Motion, Inc.'s complaint alleging Section 337 violations through importation and sale of coated fruit snack products containing probiotics. The investigation targets Cibo Vita entities and AnaBio Technologies, LTD, and covers coated fruit snack products and components including fruit centers, coatings, and encapsulated probiotics. This investigation sits at the intersection of confectionery, functional foods, and probiotic encapsulation technology, where patent protection may affect the ability to import and sell probiotic-coated fruit snack products in the U.S. market. If successful, the complainant could obtain exclusionary relief blocking accused imported products and related components from entering the United States. The asserted patents are U.S. Patent Nos. 9,750,267 and 11,317,640, with the investigation instituted on specified claims of both patents. The accused products are defined as coated fruit snack products that contain probiotics, and components thereof, including fruit centers, coatings, and encapsulated probiotics. The named respondents are Cibo Vita, Inc., Cibo Vita Founders, Inc., New Cibo Vita, LLC, and AnaBio Technologies, LTD; the Office of Unfair Import Investigations will not participate.