Juul Gets Temporary Reprieve to Keep Selling Its E-Cigarettes

Industry InsightMarket by The New York Times
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.

Altria Director George Muñoz to Retire After 2026 Shareholder Meeting;
Altria Director George Muñoz to Retire After 2026 Shareholder Meeting;
Altria director George Muñoz plans to retire post-2026 annual meeting, not seeking re-election. Annual meeting expected on May 14.
Oct.15 by 2FIRSTS.ai
Ireland Implements 50c per ml Tax on E-Liquids Starting Nov 1
Ireland Implements 50c per ml Tax on E-Liquids Starting Nov 1
From November 1, 2025, Ireland introduces a new E-liquid Products Tax (EPT), adding €0.50 per millilitre to all e-liquid products, including nicotine-free types. Signed into law by Finance Minister Paschal Donohoe, the measure targets youth vaping and requires suppliers to register with Revenue and pay duty at import, manufacturing, or distribution.
Nov.03 by 2FIRSTS.ai
Product | AutoFresh Lock + Transparent Tank: SKE’s MEMERS VAPE Launches New Device
Product | AutoFresh Lock + Transparent Tank: SKE’s MEMERS VAPE Launches New Device
SKE-owned MEMERS has listed the disposable FRESA 40K on its website, featuring a transparent e-liquid chamber and a battery level display, with a claimed up to 40,000 puffs. The device uses Fresh Lock+ auto oil-lock to isolate e-liquid from the coil; brand materials cite two trigger timings—6 seconds after each puff or after 5 minutes of inactivity. It includes a 900mAh rechargeable battery, Type-C charging, and comes in 10 flavors.
Nov.05 by 2FIRSTS.ai
Philip Morris International Raises Dividend by 8.9% to an Annualized $5.88 per Share
Philip Morris International Raises Dividend by 8.9% to an Annualized $5.88 per Share
Philip Morris International (PMI) has increased its quarterly dividend from $1.35 to $1.47 per share, bringing the annualized dividend to $5.88. Since listing in 2008, PMI has raised its dividend for 17 consecutive years. The company continues to accelerate its “smoke-free future” strategy: in the first half of 2025, smoke-free products contributed 41% of net revenues, with over 41 million adult consumers using PMI’s smoke-free products globally.
Sep.24 by 2FIRSTS.ai
UK MHRA Approved E-cigarette Products List Updated | 46 SKUs Approved, INNOKIN Submits New Products Across Multiple Categories(9.1 - 9.7)
UK MHRA Approved E-cigarette Products List Updated | 46 SKUs Approved, INNOKIN Submits New Products Across Multiple Categories(9.1 - 9.7)
The Medicines and Healthcare products Regulatory Agency (MHRA) database was updated with 46 e-cigarette SKUs from September 1-7, with Shenzhen INNOKIN Technology Co., Ltd. (INNOKIN) being the most active, having multiple new devices and pods approved. Meanwhile, although the number of updates has decreased, pre-filled pods remain the most approved category this week.
Sep.08
2Firsts Interview with China Tobacco International (HK): Governance and Strategic Outlook Behind ESG Rating Upgrade
2Firsts Interview with China Tobacco International (HK): Governance and Strategic Outlook Behind ESG Rating Upgrade
ESG has become a key focus for international tobacco companies. Ahead of InterTabac 2025 in Dortmund, China Tobacco International (HK) sat down with 2Firsts to outline the core initiatives behind its ESG rating upgrade, covering environmental governance, social responsibility, and corporate governance, while addressing future challenges and tightening global ESG regulations.
Sep.16