Jun 24, 2022 - Health

Juul asks court for temporary ban on FDA's e-cigarette order

JUUL Labs Inc. Virginia tobacco and menthol flavored vaping e-cigarette products are displayed in a convenience store on June 23, 2022 in El Segundo, California.

JUUL Labs Inc. Virginia tobacco and menthol flavored vaping e-cigarette products in a convenience store on June 23 in El Segundo, California. Photo: Patrick T. Fallon/AFP via Getty Images

Juul is seeking a temporary ban on the Food and Drug Administration's order to remove its e-cigarettes from the U.S. market, writing in a court filing Friday that it was "extraordinary and unlawful."

Driving the news: Juul asked a federal appeals court for a temporary administrative stay until the court grants an emergency review of the order, according to the court filing with the U.S. Court of Appeals for the D.C. Circuit.

  • "FDA cannot credibly argue that there is a critical and urgent public interest in removing [Juul's] products from the market right now, rather than after this Court reviews FDA’s action," per the court filing.
  • "FDA's extraordinary and unlawful action ... warrants the emergency interim relief requested," Juul wrote.

State of play: The FDA's decision comes amid a broader push to limit nicotine in cigarettes and signals the Biden administration is escalating its attempt to curb tobacco usage in the U.S., Axios' Arielle Dreher reports.

  • Juul said hours after the FDA issued a marketing denial order that it would seek a stay and was exploring a possible appeal.

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