Jun 24, 2022 - Health

Federal court puts hold on FDA ban on Juul e-cigarette sales

A Juul add is seen while a person is reflected at smoke shop on June 23, 2022 in New York.
Photo: John Smith/VIEWpress

A federal appeals court on Friday temporarily blocked the Food and Drug Administration's order for Juul to stop selling e-cigarettes.

Driving the news: Juul filed an emergency motion earlier Friday with the U.S. Court of Appeals in Washington to appeal the sales ban, which looked to remove Juul e-cigarettes from the U.S. market.

Details: The appeals court said in the ruling the FDA's decision to ban Juul from the market would be "stayed pending further order of the court," according to the court order obtained by Axios.

  • "The purpose of this administrative stay is to give the court sufficient opportunity to consider petitioner’s forthcoming emergency motion for stay pending court review," the order reads.
  • Juul declined Axios' request for comment.
  • The FDA said it does not comment on pending or ongoing litigation.

Catch up quick: The FDA announced Thursday it would order top-seller Juul to take its e-cigarettes off the shelves.

  • The FDA said that Juul's application to market the product "lacked sufficient evidence ... to demonstrate that marketing of the products would be appropriate for the protection of the public health."
  • Joe Murillo, the chief regulatory officer at Juul Labs, said in a statement to Axios 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 then filed a request to the federal appeals court to temporarily ban the FDA's order.

The big picture: The FDA"s decision came amid a push to cap nicotine in cigarettes. And it signals the Biden administration is trying to limit tobacco use in the U.S., Axios' Arielle Dreher reports.

Go deeper: Juul decision triggers broader tobacco fight

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