Juul successfully convinced the U.S. Court of Appeals for the District of Columbia to defer the Food and Drug Administration’s ban on its products. After an extensive two-year review, the agency recently banned Juul from selling and distributing its e-cigarette pens and pods in the US. It ordered the company to take its products off the market and even told retailers to take them off the shelves. This reprieve will allow Juul to continue selling its vape pens and pods and allow retailers to continue carrying them without fear of fines as the court considers its appeal against the FDA’s decision.
Juul called the FDA’s ban in her request for an emergency stay “arbitrary and erratic.” It also said the agency made the rulingruleds political pressure from Congress” as it became politically easy for them to blame Juul for the popularity of vaping among young people, “. However, several of its competitors now have greater market share. And much higher rates of use by minors.”
Despite Juul’s accusation, the FDA did not mention youth vaping in its decision. Instead, the agency banned its products because it hadn’t submitted enough evidence to show that potentially harmful chemicals don’t leak from the patented pods into the vapor users inhale. The agency explained, “…some of the company’s research findings raised concerns due to insufficient and conflicting data — including regarding genotoxicity and potentially harmful chemicals leaching from the company’s proprietary e-liquid pods — that have not been adequately addressed and preclude the FDA from completing a full toxicological risk assessment of the products identified in the company’s filings.”
Juul, of course, disagreed that it did not provide sufficient information and data to the agency. In a statement it sent to Engadget, the company said: “In our applications, which we submitted more than two years ago, we believe we have appropriately characterized the toxicological profile of Juul products, including comparisons with combustible cigarettes and other vapor products, and believe this data, together with all of the evidence, meets the legal standard to be appropriate for the protection of public health.”
Juul has a long history of bumping into the FDA, particularly over vaping by minors. The fruit-flavored vape products were once quite popular among young people until they suspended their sales and stuck to selling menthol and tobacco-flavored pods. Juul also faced a Federal Trade Commission and House investigation into whether his marketing efforts targeted teens. Things have changed in recent years: According to a Centers for Disease Control and Prevention survey, most high school students who use e-cigarettes now prefer Puff Bar over any other brand.
According to The New York Times, the court has given Juul until Monday to file an additional motion. The FDA then has until July 7 to respond. It remains to be seen whether Juul will be able to continue selling its vape pens and pods in the US during his appeal. Sources told The Wall Street Journal that Juul has begun exploring options if it fails to fully reverse the ban, including filing for bankruptcy. Our editorial team, independent of our parent company, has selected all products Engadget recommends. Some of our stories contain affiliate links. We may earn an affiliate commission if you buy something through one of these links.
