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.

Councils Remove 1.2 Million Illicit Vapes from UK High Streets
Councils Remove 1.2 Million Illicit Vapes from UK High Streets
UK council data shows that two illegal vapes were seized every minute in 2025, with a total of 1.2 million illicit vapes removed from high streets. Over the past year, authorities also seized millions of illegal cigarettes and other nicotine products. Consumer surveys indicate that more than half of UK vapers believe they have unknowingly purchased illegal vaping products.
Dec.23 by 2FIRSTS.ai
Products | VAPORESSO Unveils Two New 10 mL Pod Devices for UK and US E-Commerce Channels
Products | VAPORESSO Unveils Two New 10 mL Pod Devices for UK and US E-Commerce Channels
VAPORESSO has recently launched two new open-system vaping devices. The XROS 5 Nano is the first to roll out across UK and US online channels, featuring 30W output and a touch-screen design, while the ECO NANO Plus has gone live on the brand’s official website with a 10 mL high-capacity pod and a 1400 mAh battery.
Nov.26 by 2FIRSTS.ai
RJ Reynolds asks ITC to investigate alleged vape restriction violations by Heaven Gifts network
RJ Reynolds asks ITC to investigate alleged vape restriction violations by Heaven Gifts network
R.J. Reynolds Tobacco Co. has asked the U.S. International Trade Commission to open a Section 337 investigation into Heaven Gifts International — the umbrella company behind Elf Bars and Geek Bars — its subsidiaries and nine U.S. distributors.
Jan.16 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
Mongolia Proposes Full Regulation of E-Cigarettes Under Tobacco Law
Mongolia Proposes Full Regulation of E-Cigarettes Under Tobacco Law
Mongolia’s Parliament has begun reviewing major amendments to the Tobacco Control Law, which would bring e-cigarettes and other new nicotine products under the same legal framework as traditional cigarettes. The bill also proposes a gradual increase in tobacco excise taxes through 2030 and new restrictions on flavors, marketing, and public smoking.
Nov.26 by 2FIRSTS.ai
China National Tobacco Corp paid $222 bln into state finances in 2025
China National Tobacco Corp paid $222 bln into state finances in 2025
China National Tobacco Corporation (CNTC) paid a record $222 billion into China’s state finances in 2025, according to official industry data.
Jan.23