Juul is attempting to overturn the FDA’s ban on e-cigarette sales in the United States
Juul asked a federal court on Friday to overturn a government order to stop selling its electronic cigarettes.
The e-cigarette manufacturer has asked the court to halt what it calls an “extraordinary and unlawful action” by the Food and Drug Administration, which would force it to cease operations immediately.
The company filed an emergency motion with the United States Court of Appeals in Washington as it gets ready to appeal the FDA’s decision.
The FDA ordered Juul to stop selling its vaping device and tobacco and menthol-flavored cartridges on Thursday.
The action was part of the agency’s big plan to give the multibillion-dollar vaping industry a scientific look after years of delays in regulations.
Companies must demonstrate that their e-cigarettes benefit public health in order to remain on the market. In practice, this means demonstrating that adult smokers who use them are more likely to quit or reduce their smoking, whereas teens are less likely to become addicted to them.
The FDA stated that Juul’s application raised significant concerns for regulators and did not provide enough information to assess any potential health risks.
Juul stated that it provided sufficient information and data to address all issues raised. According to the company, the FDA denied its request to halt its order in order to avoid a major disruption in its operations.
Although Juul continues to be a top seller, its market share of e-cigarettes in the US has decreased to roughly 50%.
A recent federal poll showed that the number of teens who vape is going down and that they are moving away from Juul’s products, even though the company was heavily criticized for a rise in the number of teens who vape a few years ago.
Bypassing many of the harmful chemicals created by burning tobacco, the devices heat a nicotine solution into a vapor that is breathed in.
In its Friday court document, the business claimed that it had submitted a 125,000-page application to the FDA over two years prior. It was said that the application had different studies that looked at the health risks that Juul users face.
Juul argued that the FDA could not claim that there was a “critical and urgent public interest” in taking its products off the market right now given that the agency permitted sales of them while it conducted its investigation.
The business pointed out that the FDA rejected its application while approving those made by rivals with comparable items.
While rejecting many others, the FDA has approved e-cigarettes made by R.J. Reynolds, Logic, and other companies.
After becoming well-liked by middle and high school students in 2019, Juul was forced to stop all advertising and get rid of its fruit and dessert flavors.
The FDA only allowed tobacco and menthol as flavors in small vaping devices the following year.