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.

NYS Youth Tobacco Use Down 29% Since 2022, Lowest Since 2000
NYS Youth Tobacco Use Down 29% Since 2022, Lowest Since 2000
According to the New York State Department of Health’s latest StatShot (Vol.17, #2025-1), high school tobacco product use in 2024 fell to 17.0%, the lowest rate since 2000, marking a 29% decline from 2022. E-cigarette use decreased from 18.7% to 13.1%, while cigarette use remained low at 2.4%.However, nicotine pouch use increased from 1.5% to 3.0%.
Oct.24 by 2FIRSTS.ai
St. Petersburg May Become Russia’s First Region to Ban Vape Sales
St. Petersburg May Become Russia’s First Region to Ban Vape Sales
St. Petersburg may become the first region in Russia to ban the sale of vapes. Senator Andrei Kutepov announced during a session of the Legislative Assembly that he is working to introduce restrictions on vape sales in the city, in line with President Vladimir Putin’s recent statement supporting a nationwide ban.
Nov.12 by 2FIRSTS.ai
PMI Japan Unveils Limited-Edition IQOS ILUMA i “Galaxy Blue,” Priced Around $47
PMI Japan Unveils Limited-Edition IQOS ILUMA i “Galaxy Blue,” Priced Around $47
Philip Morris Japan announced it will release the limited-edition IQOS ILUMA i “Galaxy Blue” across IQOS stores nationwide starting October 29, priced at JPY 6,980 including tax (about USD 47). The new model features a space-themed design, with a members-only promotion to run at the Nagoya IQOS store.
Oct.29 by 2FIRSTS.ai
Philip Morris Korea: IQOS ILUMA i “SELETTI” Limited Edition Sells Out in One Week; Prime Model Sells Out on Launch Day
Philip Morris Korea: IQOS ILUMA i “SELETTI” Limited Edition Sells Out in One Week; Prime Model Sells Out on Launch Day
Philip Morris Korea and Italian design brand SELETTI’s limited “IQOS ILUMA i × SELETTI” collection sold out within one week of launch, with the “Prime” model selling out on its first day of release.
Nov.11 by 2FIRSTS.ai
2Firsts Co-Founder and CEO Alan Zhao Speaks at PouchEX 2025: Highlighting China’s Critical Role in the Global Nicotine Pouch Industry
2Firsts Co-Founder and CEO Alan Zhao Speaks at PouchEX 2025: Highlighting China’s Critical Role in the Global Nicotine Pouch Industry
At PouchEX 2025 in Sweden, 2Firsts CEO Alan Zhao delivered an invited keynote, outlining China’s critical role in the global nicotine pouch industry from both supply chain and consumer insight perspectives, drawing significant attention from the international community.
Nov.17
PMI Japan to Launch Limited Edition IQOS ILUMA i "Galaxy Blue", Introduces New TEREA Clear Regular Flavo
PMI Japan to Launch Limited Edition IQOS ILUMA i "Galaxy Blue", Introduces New TEREA Clear Regular Flavo
PMI Japan unveils limited edition IQOS ILUMA i in Galaxy Blue, inspired by the universe, set to launch on October 29.
Oct.14 by 2FIRSTS.ai