Loading...

Federal Appeals Court Stays FDA Ban on Juul E-Cigarettes

June 25, 2022by Eden Metzger and Dan McCue
Federal Appeals Court Stays FDA Ban on Juul E-Cigarettes
Juul labs vaporizer device (Juul Labs)

WASHINGTON — A federal appeals court on Friday stayed the Food and Drug Administration’s ban on sales of Juul Labs Inc’s e-cigarettes, after the company appealed the agency’s order on the grounds the ban would cause it “irreparable harm.”

The U.S. Circuit Court of Appeals for the District Of Columbia said in its order that the purpose of the stay was to allow the court sufficient time to consider Juul’s briefing for an emergency review and not a ruling on the merits of the case.

As previously reported by The Well News, the Food and Drug Administration on Thursday ordered Juul Labs to pull its electronic cigarettes from the U.S. market, a move intended to curb a multibillion-dollar industry blamed for sparking a national surge in teen vaping. 

“Today’s action is further progress on the FDA’s commitment to ensuring that all e-cigarette and electronic nicotine delivery system products currently being marketed to consumers meet our public health standards,” said FDA Commissioner Robert Califf in a written statement at the time.

“The agency has dedicated significant resources to review products from the companies that account for most of the U.S. market. We recognize these make up a significant part of the available products, and many have played a disproportionate role in the rise in youth vaping,” he said.

The FDA said Juul must stop selling its vaping device and its tobacco and menthol flavored cartridges immediately, and those already on the market must be removed.  

In a statement posted on the company’s website, Joe Murillo, chief regulatory officer at Juul Labs, said the company “respectfully” disagreed with the FDA’s findings and would be filing an appeal.

“In our applications, which we submitted over two years ago, we believe that we appropriately characterized the toxicological profile of Juul products, including comparisons to combustible cigarettes and other vapor products, and believe this data, along with the totality of the evidence, meets the statutory standard of being appropriate for the protection of the public health,” Murillo said.

“We remain committed to doing all in our power to continue serving the millions of American adult smokers who have successfully used our products to transition away from combustible cigarettes, which remain available on market shelves nationwide,” he added.

Dan can be reached at dan@thewellnews.com and at https://twitter.com/DanMcCue

Eden can be reached at eden@thewellnews.com

In The News

Health

Voting

Regulation

August 12, 2022
by Madeline Hughes
DC Circuit Court Upholds FCC Spectrum Reallocation

WASHINGTON — The D.C. Circuit Court of Appeals on Friday solidified the Federal Communications Commission’s ability to reallocate spectrum that... Read More

WASHINGTON — The D.C. Circuit Court of Appeals on Friday solidified the Federal Communications Commission’s ability to reallocate spectrum that went largely unused. "I am pleased with the court's decision, which upholds the FCC's broad authority to manage the nation's airwaves in the public interest,” said... Read More

August 11, 2022
by Madeline Hughes
FTC Probes Stricter Data Privacy Rules

WASHINGTON — The Federal Trade Commission is asking the public if they’d like more privacy shields to protect them from... Read More

WASHINGTON — The Federal Trade Commission is asking the public if they’d like more privacy shields to protect them from “commercial surveillance” and poor data security. The commission announced an Advance Notice of Proposed Rulemaking Thursday that kicks off the solicitation of public comment that seeks... Read More

August 11, 2022
by Madeline Hughes
FCC Rejects Subsidies for Musk’s Starlink, LTD Broadband

WASHINGTON — The Federal Communications Commission officially denied applications from SpaceX to deploy Starlink satellites to help bridge the broadband... Read More

WASHINGTON — The Federal Communications Commission officially denied applications from SpaceX to deploy Starlink satellites to help bridge the broadband gap and from another company, LTD Broadband, that would expand its wireless internet. “After careful legal, technical and policy review, we are rejecting these applications. Consumers... Read More

August 9, 2022
by Madeline Hughes
FCC Investigates Commercial Activities in Space

WASHINGTON — The Federal Communications Commission is looking into the possibilities of assembling and manufacturing in space through a new... Read More

WASHINGTON — The Federal Communications Commission is looking into the possibilities of assembling and manufacturing in space through a new notice of inquiry adopted in a unanimous vote at its August meeting. Looking into this category, called In-Space, Assembly, and Manufacturing, comes on the heels of... Read More

August 1, 2022
by Tom Ramstack
Appellate Court Ruling Supports FAA's Remote ID Rules for Drones

WASHINGTON — A federal appeals court decision Friday will allow greater tracking of privately owned drones whose presence is growing... Read More

WASHINGTON — A federal appeals court decision Friday will allow greater tracking of privately owned drones whose presence is growing in the sky nationwide — sometimes unwanted. The U.S. Circuit Court of Appeals in Washington, D.C., affirmed the Federal Aviation Administration had a right to require... Read More

July 27, 2022
by Madeline Hughes
FTC Sues Meta to Stop Its ‘Path Toward Dominance’

WASHINGTON — The Federal Trade Commission is attempting to block Meta, formerly known as Facebook, from purchasing a virtual reality... Read More

WASHINGTON — The Federal Trade Commission is attempting to block Meta, formerly known as Facebook, from purchasing a virtual reality fitness application in what the commission says is the company’s quest to buy its way to the top. “Instead of competing on the merits, Meta is... Read More

News From The Well