Federal court blocks FDA ban on Juul products

FILE — A woman exhales while vaping from a Juul pen e-cigarette in Vancouver, Wash., April 16, 2019. Juul has asked a federal court, Friday, June 24, 2022, to block a government order to stop selling its electronic cigarettes. Federal health officials on Thursday, June 23, ordered Juul to pull its electronic cigarettes from the U.S. market, the latest blow to the embattled company widely blamed for sparking a national surge in teen vaping. (AP Photo/Craig Mitchelldyer, File)

FILE — A woman exhales while vaping from a Juul pen e-cigarette in Vancouver, Wash., April 16, 2019. (AP Photo/Craig Mitchelldyer, File)

UPDATED 6:37 PM PT – Sunday, June 26, 2022

A federal court temporarily blocked the FDA’s order to ban sales of Juul products in the US. The DC circuit appeals court granted Juul’s request to stay in what the company called an “extraordinary and unlawful action.”

The move came less than a day after the FDA said findings raised “significant questions” about potential risks from consumers using their products. The e-cigarette company said the decision lacks evidence and they are now allowed to continue selling products as the court further deliberates Juul’s case.

In 2019, Juul was pressured into halting all advertising and eliminating its fruit and dessert flavors after they became popular among middle and high school students. The next year, the FDA limited flavors in small vaping devices to just tobacco and menthol.

Chief Regulatory Officer at Juul Labs Joe Murillo said in a statement to Axios that the company would seek a stay and explore other options “under the FDA’s regulations and the law, including appealing the decision and engaging with our regulator.”

Juul said that the FDA cannot 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.

Meanwhile, the court noted their decision should not be interpreted as a ruling on the merits of the motion.

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