Juul brand vape cartridges are pictured for sale at a store in Atlanta, Georgia.
Илия Нувелаж | Reuters
Juul asked a federal appeals court on Friday to temporarily block the Food and Drug Administration’s ban on e-cigarettes.
The request came less than a day after the health agency told the company it had to withdraw its vaping products from the US market, which takes effect immediately. According to the FDA, Juul’s continued use of its vaping device and menthol and tobacco-flavored nicotine pods provided insufficient or conflicting data on the potential risks of using the company’s products.
Juul disagreed, saying in a statement that he provided enough research and evidence to address the issues raised by the agency. The company’s chief regulatory officer, Joe Murillo, said in a statement on Thursday that Juul was exploring its options, which included appealing the decision or engaging with the FDA.
In filing with the U.S. Court of Appeals for DC Circuit, Juul requested an urgent administrative suspension until he could file a request for suspension pending review by noon on Monday. If approved, the company and retailers will be able to continue distributing and selling Juul products until the court reconsiders the agency’s decision.
“[Juul’s] The only prospect of significant relief that allows her to continue selling her products is an immediate stay, “the company said in a statement.
Juul claims that the FDA subjected him to unfair treatment compared to other e-cigarette manufacturers. According to the documentation, the agency’s press release announcing its decision on Juul’s products was “sharper and more threatening” than previous denials.
“The FDA’s decision is arbitrary and capricious and lacks substantial evidence, and an immediate administrative stay is critical to protecting JLI, its trading partners and its customers,” Jules said.
The company also called on the agency to impose immediate implementation instead of introducing a transitional period, which is typical unless the product poses an immediate risk to consumers.
The FDA declined to comment.
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