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.

Philip Morris and R.J. Reynolds Face Trial Over Woman’s Lung Cancer Death in Massachusetts
Philip Morris and R.J. Reynolds Face Trial Over Woman’s Lung Cancer Death in Massachusetts
According to Law360, the family of Maria Petruzziello has taken Philip Morris and R.J. Reynolds to trial in Massachusetts, alleging the companies are responsible for her 2019 lung cancer death after decades of smoking. Plaintiffs argue her experience mirrors many smokers, while the defense points to her years-long cessation and personal choice.
Dec.03 by 2FIRSTS.ai
Malaysia’s MOH aims to implement a vape ban in 2026, starting with open pod systems
Malaysia’s MOH aims to implement a vape ban in 2026, starting with open pod systems
Bernama (Malaysia’s national news agency) reported that Health Minister Datuk Seri Dr Dzulkefly Ahmad said the Ministry of Health aims to implement a vape ban this year, beginning with open pod systems, and will not compromise on enforcing the Control of Smoking Products for Public Health Act 2024 (Act 852).
Jan.06 by 2FIRSTS.ai
Tennessee Cracks Down on Vaping: 10 % Tax Hike, Expanded Enforcement Powers, Mandatory ID Checks at Every Retail Counter
Tennessee Cracks Down on Vaping: 10 % Tax Hike, Expanded Enforcement Powers, Mandatory ID Checks at Every Retail Counter
New Tennessee laws passed this year impose a 10 % tax on vaping products, empower the Tennessee Alcoholic Beverage Commission (TABC) to conduct compliance inspections, and set steep fines for retailers who sell to minors. Yet, with no statewide retail-licensing scheme for e-cigarettes, enforcing the penalties remains problematic. Meanwhile, stores in cities like Jackson have voluntarily stepped up ID scanning and product tracking to help the rules take hold.
Dec.03 by 2FIRSTS.ai
Russia's Perm Legislators Approve Full Ban on Vape Products in Regional Retail Market
Russia's Perm Legislators Approve Full Ban on Vape Products in Regional Retail Market
2Firsts, November 28, 2025 — The Legislative Assembly of Perm Krai has passed a law banning the retail sale of vape products and other nicotine-aerosol devices, effective March 1, 2026. Individuals found selling such items will face fines between ₽15,000–₽20,000 (about US $180–240), while companies face ₽50,000–₽100,000 (about US $600–1,200). The ban covers all electronic nicotine delivery systems (ENDS), heated-tobacco devices, and their components, regardless of nicotine content.
Nov.28 by 2FIRSTS.ai
Study: TikTok Content Frames Nicotine Pouches as “Trendy Accessories,” Diluting Risk Perception Among Youth
Study: TikTok Content Frames Nicotine Pouches as “Trendy Accessories,” Diluting Risk Perception Among Youth
A study published in JMIR Formative Research analyzed 132 TikTok videos related to nicotine pouches and found that platform content predominantly presents these products as a “youthful trend” rather than as smoking cessation tools. Health risks are underrepresented, the user base appears largely male, and this portrayal may influence how adolescents perceive the risks associated with nicotine products.
Dec.04 by 2FIRSTS.ai
Selangor preparing regulatory policy that may gradually prohibit vape use
Selangor preparing regulatory policy that may gradually prohibit vape use
Selangor is drafting a policy paper outlining its regulatory direction for electronic cigarette products, including the possibility of gradually prohibiting vape use. The move aligns with the Tobacco Product Control Act for Public Health 2023 (Act 852) and aims to strengthen enforcement and youth health education.
Nov.21 by 2FIRSTS.ai