Asian Reporter web extra, June 26, 2022
Pictured is a Juul Labs electronic cigarette. Juul asked a
federal court 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
Juul, the embattled company widely blamed for sparking
a national surge in teen vaping,
can keep selling e-cigarettes as court blocks FDA ban
By Tom Murphy
The Associated Press
Juul can continue to sell its electronic cigarettes, at least for
now, after a federal appeals court on Friday, June 24, temporarily
blocked a government ban.
Juul filed an emergency motion earlier on Friday, seeking the
temporary hold while it appeals the sales ban.
The e-cigarette maker had asked the court to pause what it called an
"extraordinary and unlawful action" by the Food and Drug Administration
(FDA) that would have required it to immediately halt its business.
The FDA on June 23 said that Juul must stop selling its vaping device
and its tobacco and menthol flavored cartridges.
The action was part of a sweeping effort by the agency to bring
scientific scrutiny to the multibillion-dollar vaping industry after
years of regulatory delays.
To stay on the market, companies must show that their e-cigarettes
benefit public health. In practice, that means proving that adult
smokers who use them are likely to quit or reduce their smoking, while
teens are unlikely to get hooked on them.
The FDA said Juulís application left regulators with significant
questions and didnít include enough information to evaluate any
potential health risks. Juul said it submitted enough information and
data to address all issues raised.
A three-judge panel of the U.S. Court of Appeals for the District of
Columbia Circuit granted Juulís request for a hold while the court
reviews the case.
While Juul remains a top seller, its share of the U.S. e-cigarette
market has dipped to about half. The company was widely blamed for a
surge in underage vaping a few years ago, but a recent federal survey
showed a drop in the teen vaping rate and a shift away from Juulís
The devices heat a nicotine solution into a vapor thatís inhaled,
bypassing many of the toxic chemicals produced by burning tobacco.
The company said in its court filing that it submitted a 125,000-page
application to the FDA nearly two years ago. It said the application
included several studies to evaluate the health risks among Juul users.
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.
The company noted that the FDA denied its application while
authorizing those submitted by competitors with similar products.
The FDA has OKíd e-cigarettes from R.J. Reynolds, Logic, and other
companies, while rejecting many others.
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.
The Associated Press Health and Science Department receives support
from the Howard Hughes Medical Instituteís Department of Science
Education. The AP is solely responsible for all content.
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