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.

Over 179,000 E-Cigarettes Destroyed in Samut Prakan as Thai Government Tightens Enforcement
Over 179,000 E-Cigarettes Destroyed in Samut Prakan as Thai Government Tightens Enforcement
Thailand’s Office of the Prime Minister, led by Minister Santi Piyatat, has destroyed nearly 179,000 confiscated e-cigarettes and accessories worth 33 million baht (approx. USD 1,020,000) as part of the government’s ongoing campaign for a “Vape-Free Thai Society.”Officials said the action demonstrates Thailand’s strict enforcement of anti-vaping laws and its commitment to protecting youth and public health.
Nov.27 by 2FIRSTS.ai
Romania Fines Philip Morris and Distributors Over IQOS Price Fixing
Romania Fines Philip Morris and Distributors Over IQOS Price Fixing
Romania’s Competition Council has found that Philip Morris Trading SRL and two distributors engaged in agreements to fix resale prices and promotional discounts for IQOS heated tobacco products.
Dec.19 by 2FIRSTS.ai
Belarus to Tighten Vape Regulations, Raise Excise Taxes in 2026
Belarus to Tighten Vape Regulations, Raise Excise Taxes in 2026
Belarusian lawmakers are drafting a new bill to regulate the vape market amid growing concern over youth nicotine use and the spread of illegal products. While a total ban is not planned, the focus will be on stricter licensing, advertising limits, and higher taxes.
Nov.19 by 2FIRSTS.ai
South Korea’s National Assembly Passes Law Classifying E-Cigarettes as Tobacco Products with Full Equivalent Regulation
South Korea’s National Assembly Passes Law Classifying E-Cigarettes as Tobacco Products with Full Equivalent Regulation
South Korea’s National Assembly recently passed a comprehensive package of 79 bills that, among other measures, formally classifies liquid vapes — e-cigarette products using nicotine-containing e-liquids — as tobacco products. These products will now be subject to the same taxation, sales restrictions and advertising controls as traditional cigarettes, and the vaping industry in South Korea is expected to face significant adjustments in compliance costs, market access and business strategy.
Dec.03
2FIRSTS Data Insight|China’s Vape Exports to the U.S. Hit a Record $590 Million: A Peak Driven by Enforcement Cycles, Not Real Demand
2FIRSTS Data Insight|China’s Vape Exports to the U.S. Hit a Record $590 Million: A Peak Driven by Enforcement Cycles, Not Real Demand
China’s vape exports to the U.S. surged to a record $590 million in October 2025—nearly double the usual monthly level and pushing the U.S. share above 50% of China’s global shipments.But the spike was not driven by demand. Instead, it reflected a temporary release created by tightened U.S. enforcement, a collapsed logistics pathway, and a bullwhip-style surge in replenishment.The peak signals more volatility ahead, not recovery.
Special Report
Nov.24
India’s NUSRL Hosts National Consultation on Protection from Emerging Tobacco and Nicotine Products
India’s NUSRL Hosts National Consultation on Protection from Emerging Tobacco and Nicotine Products
The National University of Study and Research in Law (NUSRL) in Ranchi, together with national and international public health experts, held a consultation focused on youth protection, enforcement capacity, and the regulatory landscape for emerging nicotine products. State Health Minister Irfan Ansari called for stronger policies and coordinated efforts to prevent addiction.
Dec.02