Juul Gets Temporary Reprieve to Keep Selling Its E-Cigarettes

Industry InsightMarket
Jun.27.2022
The F.D.A. is not seeking a blanket ban on all vaping brands, and Juul users could switch to other e-cigarettes that have been approved for sale by the agency.Credit...Joshua Bright for The New York Times

A federal appeals court on Friday granted a temporary reprieve to Juul Labs that will allow it to keep its e-cigarettes on the market, pending further court review of a decision just a day earlier by the Food and Drug Administration to ban sales of the company’s products.

 

The United States Court of Appeals for the District of Columbia issued a temporary stay that had been sought by Juul. The brief order by the appeals court cautioned that the stay was “ should not be construed in any way as a ruling on the merits.”

 

The stay involves the F.D.A.’s order on Thursday, when the agency said Juul had to stop selling its products because it had provided conflicting and insufficient data that prevented the F.D.A. from assessing the potential health risks of its products.

 

What’s the next step for Juul?

 

It will be up to the appeals court to decide whether Juul should continue to be allowed to sell its products while the company pursues its appeal of the F.D.A.’s decision. The court gave Juul until Monday at noon to file an additional motion, and it gave the F.D.A. until July 7 to file a motion in response.

 

In its emergency filing for a stay, Juul argued that the F.D.A.’s decision to ban sales was motivated by political forces that sought to blame the company for the youth vaping crisis. The F.D.A. issued the ruling against Juul “after immense political pressure from Congress,” the filing reads, “even though several of its competitors now have a larger market share and much higher underage-use rates.”

 

However, the F.D.A. did not cite underage use in its decision to ban Juul from the market. Rather, the agency said Juul had not provided sufficient evidence that its product prevents leaching of chemicals from the device to the nicotine vapor that users inhale.

 

Will Juul users still be able to buy the company’s pods and e-cigarettes?

 

As long as the stay is in force, consumers will be able to buy Juul cartridges and its tobacco and menthol-flavored pods. The F.D.A. had warned that retailers selling Juul products would be subject to enforcement action at some point but not while a stay is in place.

 

In its court filing, Juul pointed out that the agency’s decision had “already had its intended effect,” indicating that some retailers had stopped selling Juul products.

 

Will I still be able to buy other e-cigarette products?

 

The F.D.A. is not seeking a blanket ban on all vape products. As part of its new regulatory authority over so-called electronic nicotine delivery systems, or ENDS, the agency has been reviewing applications for millions of products. It has already granted approval to 23 of them, including products made by R. J. Reynolds, NJoy and Logic. (Applications for a million other products have been denied.)

 

As part of its review, the agency must consider whether a product is a viable alternative to combustible tobacco that can help cigarette smokers quit, and that the benefits to public health outweigh the harm.

 

What are the best-selling e-cigarettes still on the market?

 

According to data from Nielsen, the top-selling vaping brand in the U.S. over the past 12 weeks was a Vuse product, which earned $414 million in sales and had 33.4 percent of the overall e-cigarette market. A close second was Juul, with a 33-percent market share. None of the other brands came close to these two companies; the next best-sellling brand, NJoy Ace, accounted for just 2.4 percent of the market.

 

How does the tobacco industry stack up against vaping?

 

The cigarette industry in the United States brought in about $99 billion in revenue last year, compared to $7.8 billion for vaping products like Juul, according to Euromonitor, a data research firm. But sales of tobacco are declining: Euromonitor estimates that cigarette sales will fall by about 13 percent through 2026, while vaping products are expected to grow by about 22 percent. Altria, the tobacco giant that took a 35-percent stake in Juul in 2018, reported that its sales fell slightly last year, according to regulatory filings.

 

There are an estimated 30 million smokers of traditional cigarettes in the U.S., a number that has been in decline for decades.

UK Tobacco and Vapes Bill Returns to House of Lords on April 20 for Ping Pong Consideration
UK Tobacco and Vapes Bill Returns to House of Lords on April 20 for Ping Pong Consideration
The UK Tobacco and Vapes Bill is set to return to the House of Lords on April 20 for consideration of Commons amendments in the parliamentary “ping pong” process. The bill aims to create the first “smoke-free generation” by ensuring that children turning 15 this year or younger can never legally be sold tobacco. It also seeks to enable product and information requirements to be imposed in connection with tobacco, vapes, and other products.
Apr.21 by 2FIRSTS.ai
 Product | ASDF Chroma extends retro cassette visual language with lighting-focused pod design
Product | ASDF Chroma extends retro cassette visual language with lighting-focused pod design
2Firsts noted that ASDF has displayed Chroma on its official website. Public information shows that Chroma is a closed-pod device equipped with an 800mAh battery, switchable RGB lights, haptic feedback and Normal/Boost power modes. It uses a 2ml OSTRO cartridge with 2% nicotine strength. Public information also shows that ASDF has a Malaysian brand background and has previously drawn industry attention for the “retro cassette” visual language used in its Vapetape series.
May.26
PMI’s Smoke-Free Business Accounts for 43% of Net Revenues in Q1 as Full-Year EPS Guidance Rises
PMI’s Smoke-Free Business Accounts for 43% of Net Revenues in Q1 as Full-Year EPS Guidance Rises
On April 22, 2026, Philip Morris International released its first-quarter 2026 results. The report showed net revenues of $10.146 billion, up 9.1% year on year; adjusted diluted EPS of $1.96, up 16.0%; and smoke-free products accounting for 43% of total net revenues. Based on first-quarter performance, the company raised its 2026 full-year adjusted diluted EPS forecast to $8.36 to $8.51, or $8.11 to $8.26 excluding currency.
Apr.23 by 2FIRSTS.ai
 Former DHS Spokesperson Analyzes CBP’s $175 Million Illegal Vape Seizure
Former DHS Spokesperson Analyzes CBP’s $175 Million Illegal Vape Seizure
The Washington Examiner published an opinion article by Tricia McLaughlin, former Assistant Secretary for Public Affairs and spokesperson at the U.S. Department of Homeland Security, arguing that the Trump administration is strengthening enforcement against illegal vape supply chains through the FDA, CBP, and DHS.
Regulations
May.25
2Firsts Exclusive Analysis | RLX Q1 Revenue Rises 96.2%, International Business Points to a More Integrated Global Strategy
2Firsts Exclusive Analysis | RLX Q1 Revenue Rises 96.2%, International Business Points to a More Integrated Global Strategy
RLX Technology’s Q1 net revenues rose 96.2% year over year, with international business accounting for 72.3% of total revenue. Beyond the headline growth, the results point to deeper globalization: European operations, Nexus supply-chain integration and a broader product portfolio are becoming key signals to watch.
Special Report
May.20
FDA Defines Enforcement Focus for Unauthorized E-Cigarettes and Nicotine Pouches
FDA Defines Enforcement Focus for Unauthorized E-Cigarettes and Nicotine Pouches
The U.S. Food and Drug Administration issued guidance on May 8, 2026, titled “Enforcement Priorities for Certain New Tobacco Products Marketed Without Premarket Authorization.” The document describes FDA enforcement policies for certain electronic nicotine delivery system products and nicotine pouch products marketed without premarket authorization.
May.09 by 2FIRSTS.ai