Juul may continue to sell its e-cigarettes, at least for now, after a federal appeals court on Friday temporarily blocked the government’s ban.
Juul filed an urgent request earlier Friday, requesting a temporary detention while he appealed the sale ban.
The e-cigarette manufacturer has asked the court to stop what it called an “extraordinary and illegal action” by the Food and Drug Administration, which would require it to suspend its business immediately.
The FDA said on Thursday that Juul should stop selling its vaping device and its tobacco and menthol-flavored cartridges.
The action was part of a large-scale effort by the agency to put scientific control over the multibillion-dollar vaping industry after years of regulatory delays.
To stay on the market, companies need to show that their e-cigarettes are good for public health. In practice, this means proving that older smokers who use them are more likely to quit or reduce smoking, while teenagers are unlikely to become addicted.
The FDA said Juul’s application left regulators with significant questions and did not include enough information to assess potential health risks. Juul said he had provided enough information and data to answer all the questions raised.
A three-judge panel of the U.S. District Court of Appeals granted Juul’s request for detention while the court heard the case.
Although Juul remains the best-selling, its share of the US e-cigarette market has fallen to about half. The company was widely blamed for the jump in vaping for minors a few years ago, but a recent federal survey showed a drop in teen vaping rates and a deviation from Juul’s products.
The devices heat a nicotine solution in steam that is inhaled, bypassing many of the toxic chemicals produced by burning tobacco.
The company said in court documents Friday that it filed a 125,000-page application with the FDA nearly two years ago. It says the app includes several studies to assess the health risks among Juul users.
Juul said the FDA could not claim that there was a “critical and urgent public interest” to immediately remove its products from the market when the agency authorized their sale during the review.
The company noted that the FDA rejected his application, while allowing those submitted by competitors with similar products.
The FDA has approved e-cigarettes from RJ Reynolds, Logic and other companies, while rejecting many others.
In 2019, Juul was forced to stop all advertising and eliminate its fruit and dessert flavors after they became popular among middle and high school students. The following year, the FDA limited the flavors of small vaping devices to tobacco and menthol.
Add Comment