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.

Michigan Governor budget to seek major tax hikes on tobacco, vaping and gaming to address Medicaid gap
Michigan Governor budget to seek major tax hikes on tobacco, vaping and gaming to address Medicaid gap
Governor Gretchen Whitmer’s proposed fiscal year 2027 budget includes significant tax hikes on tobacco and gaming to address a projected $1.8 billion shortfall in Michigan’s Medicaid funding, the report said. The plan calls for raising the per-pack cigarette tax from $2 to $3 and increasing the wholesale tax on other tobacco products from 32% to 57%.
Feb.12 by 2FIRSTS.ai
Haypp Report Shows Mint Tops Nicotine Pouch Flavours, Berry Leads Vapes in the UK
Haypp Report Shows Mint Tops Nicotine Pouch Flavours, Berry Leads Vapes in the UK
Online retailer Haypp has released its 2025 Haypp Wrapped report, detailing flavour and brand preferences among UK nicotine pouch and vape users. The report found that mint flavours dominated the nicotine pouch market, while berry flavours were most popular among vape users. Velo and Nordic Spirit led the nicotine pouch category, while Elf Bar and Vuse topped the vape brand rankings.
Dec.24 by 2FIRSTS.ai
Azerbaijan Considers Comprehensive Ban on E-cigarettes
Azerbaijan Considers Comprehensive Ban on E-cigarettes
Azerbaijan is advancing legislative amendments to prohibit the circulation of electronic cigarettes and their components. The proposed changes, discussed at a joint meeting of several parliamentary committees, aim to ban the import, export, production, storage, wholesale and retail sale, and use of e-cigarettes.
Dec.17 by 2FIRSTS.ai
Product | GEEKBAR Adds Two High-Puff Devices to Its Website: Clio Platinum 50K Goes on Sale in the U.S., SOMAX 80K Expands to the Middle East
Product | GEEKBAR Adds Two High-Puff Devices to Its Website: Clio Platinum 50K Goes on Sale in the U.S., SOMAX 80K Expands to the Middle East
Vape brand GEEKBAR has listed two products on its official website—the Geek Bar Clio Platinum 50K and the GEEKBAR SOMAX 80K. The Clio Platinum 50K has already launched across U.S. online retailers, with pricing around US$23.99. The SOMAX 80K is positioned for the Middle East market and had previously been sold in Canada under the name “STLTH X GEEK BAR 80K.”
Feb.09 by 2FIRSTS.ai
BAT CEO: to ramp up ‘next-generation’ tobacco capacity in Italy, plans €500 mln investment in Trieste plant by 2027
BAT CEO: to ramp up ‘next-generation’ tobacco capacity in Italy, plans €500 mln investment in Trieste plant by 2027
British American Tobacco (BAT) CEO Tadeu Marroco said the group will continue to invest in equipment and technology in Italy and expand capacity for next-generation tobacco products such as e-cigarettes and heated tobacco. BAT’s Trieste innovation hub is slated to receive a total investment of 500 million euros by 2027 and add 16 new production lines.
Feb.03 by 2FIRSTS.ai
Malaysia joint operation seized $19,000 worth of vape liquid in Likas
Malaysia joint operation seized $19,000 worth of vape liquid in Likas
More than 2,300 units of vape liquid worth over RM75,000 were seized during an integrated operation at premises in Likas near Kota Kinabalu. During Ops Taring Landai E-Cigarette Mega on Feb 10 night, the Marine Police, Sabah Health Department officials and district police detected a shop displaying 92 types of vape pods and, after further searches, found 2,353 units of vape liquid stored on the premises.
Feb.11 by 2FIRSTS.ai