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.

AG Miyares Argues Vape Ban Consistent with Federal Law, Seeks Dismissal
AG Miyares Argues Vape Ban Consistent with Federal Law, Seeks Dismissal
Virginia Attorney General Jason Miyares and Tax Commissioner James J. Alex have asked a federal court to dismiss a lawsuit challenging the state’s ban on flavored e-cigarettes. They argue plaintiffs lack standing because the products are already illegal under federal law. The state denies claims of federal preemption and asserts sovereign immunity, maintaining that its ban aligns with its authority to protect public health.
Nov.24 by 2FIRSTS.ai
BAT Malaysia names Mohd Nizom Sairi as board chairman effective January 1, 2026
BAT Malaysia names Mohd Nizom Sairi as board chairman effective January 1, 2026
BAT Malaysia announced that its independent non-executive director Datuk Seri Dr Mohd Nizom Sairi has been re-designated as board chairman effective January 1, 2026.
Jan.04 by 2FIRSTS.ai
Malaysia’s vape industry flags “policy U-turn” concerns after ban on refillable open-system e-cigarettes
Malaysia’s vape industry flags “policy U-turn” concerns after ban on refillable open-system e-cigarettes
Malaysia’s vape industry has raised concerns over the government’s decision to ban refillable open-system e-cigarettes, describing it as a policy reversal despite earlier regulatory approvals.
Jan.08 by 2FIRSTS.ai
Federal Register notice: FDA seeks comments on “Warning Plans for Certain Tobacco Products”
Federal Register notice: FDA seeks comments on “Warning Plans for Certain Tobacco Products”
The U.S. Food and Drug Administration (FDA) issued a notice stating it has submitted a proposed information collection to the Office of Management and Budget (OMB) for review under the Paperwork Reduction Act.
Jan.16 by 2FIRSTS.ai
Product | UWELL Launches CALIBURN BAR 80K Disposable Vape, Rated for 80,000 Puffs with 6 Power Levels and 3 Airflow Settings
Product | UWELL Launches CALIBURN BAR 80K Disposable Vape, Rated for 80,000 Puffs with 6 Power Levels and 3 Airflow Settings
UWELL has launched the CALIBURN BAR 80K disposable vape on its official website. The device features a staggering 80,000-puff count and a 20 mg/ml nicotine concentration. It offers two output modes (NORMAL and BOOST) with six adjustable power levels ranging from 18W to 35W, complemented by a 3-level airflow adjustment system.
Jan.14 by 2FIRSTS.ai
Pakistan Senate bill seeks strict control of vapes and e-cigarettes in Islamabad, including under-18 sales ban
Pakistan Senate bill seeks strict control of vapes and e-cigarettes in Islamabad, including under-18 sales ban
Following approval by the Senate Standing Committee on National Health Services, the Electronic Nicotine Delivery Systems (Regulation) Bill is set to be tabled in the Senate to impose strict controls on the sale, marketing and use of vapes and e-cigarettes in Islamabad.
Jan.08 by 2FIRSTS.ai