Juul was allowed to continue selling e-cigarettes after court outlawed FDA ban

SAN FRANCISCO — Juul can continue to sell its e-cigarettes, at least for now, after a federal appeals court on Friday blocked a temporary government ban.

Juul filed an emergency request earlier Friday, requesting the temporary suspension while challenging the sales ban.

The e-cigarette maker had asked the court to stop what it called an “unusual and illegal action” by the Food and Drug Administration that would have required it to stop its business immediately.

The Food and Drug Administration said Thursday That Juul should stop selling vaping device and tobacco and menthol flavor cartridges.

The action was part of a sweeping effort by the agency to conduct a scientific examination of the multibillion-dollar e-cigarette industry after years of regulatory delays.

To survive in the market, companies must show that e-cigarettes benefit public health. In practice, this means demonstrating that adult smokers who use them are more likely to quit or reduce smoking, while adolescents are less likely to get involved.

The US Food and Drug Administration said the Juul app left regulators with important questions and did not include enough information to assess any potential health risks. Juul said it had provided sufficient information and data to address all of the issues raised.

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit granted Juul’s request that the lawsuit be withheld during the court’s review of the case.

While Juul remains a top seller, its share of the US e-cigarette market has almost halved. The company was widely blamed for the rise in underage vaping a few years ago, but a recent federal survey showed a drop in teen vaping and a shift away from Juul products.

The devices heat a nicotine solution into a vapor that is inhaled, bypassing many of the toxic chemicals from burning tobacco.

The company said in a court filing Friday that it submitted a 125,000-page application to the Food and Drug Administration nearly two years ago. She said the app included several studies to assess health risks among Juul users.

Goole said the FDA could not argue that there was a “critical and urgent public interest” in immediately removing its products from the market when the agency allowed them to be sold during its review.

The company noted that the Food and Drug Administration rejected its request while allowing those from competitors to produce similar products.

The U.S. Food and Drug Administration (FDA) has accepted e-cigarettes from RJ Reynolds, Logic, and other companies, while many others have refused.

In 2019, Juul came under pressure to discontinue all advertising and phase out fruit and sweet flavors after they became popular with middle and high school students. The following year, the U.S. Food and Drug Administration (FDA) limited the flavors in small vaping devices to tobacco and menthol only.

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