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.

Russia’s Rostov Region Eyes Full Vape Sales Ban, Signals Tighter Tobacco Retail Rules
Russia’s Rostov Region Eyes Full Vape Sales Ban, Signals Tighter Tobacco Retail Rules
Russia’s Rostov region is preparing to pursue a region-wide ban on vape sales and is also signaling support for broader regional powers to tighten tobacco retail rules. A regional lawmaker said the initiative aligns with a State Duma bill that would allow regions to impose vape sales bans—an initiative he said has presidential backing.
Jan.28 by 2FIRSTS.ai
French Council of State Strikes Down Total Vape Ban in French Polynesia
French Council of State Strikes Down Total Vape Ban in French Polynesia
France’s highest administrative court, the Council of State, has ruled that Article 76 of French Polynesia’s tobacco law establishing a total ban on vaping products is illegal. The provision, adopted in August and due to take effect by 2027, was successfully challenged by local importers and distributors.
Dec.25 by 2FIRSTS.ai
Kazakhstan’s Astana Baikonur District Fines Illegal Smokeless Tobacco Sales Over USD 5,800
Kazakhstan’s Astana Baikonur District Fines Illegal Smokeless Tobacco Sales Over USD 5,800
Authorities in Astana’s Baikonur District have intensified enforcement against illegal smokeless tobacco and related products in 2025. Police conducted 59 inspection raids, identifying 63 cases of illegal sales of smokeless tobacco (nasvay). Total fines imposed reached KZT 3,096,450(approximately USD 5,880). Officials said inspections and preventive outreach will continue.
Dec.29 by 2FIRSTS.ai
Russia’s Federation Council Approves Ban on Vape and Cigarette Sales at Transport Stops
Russia’s Federation Council Approves Ban on Vape and Cigarette Sales at Transport Stops
Russia’s Federation Council has approved a law banning the sale of all nicotine-containing products, including cigarettes and e-cigarettes, at urban and suburban public transport stops. The law includes an exemption for cases where a retail outlet at a stop is the only point of sale in a locality. The legislation will come into force on September 1, 2026.
Dec.19 by 2FIRSTS.ai
Comedian Shuib fined  US$2,460 after pleading guilty to promoting an e-cigarette on a podcast
Comedian Shuib fined US$2,460 after pleading guilty to promoting an e-cigarette on a podcast
Bernama reported that comedian Shahmira Muhamad, better known as Shuib Sepahtu, was fined RM10,000 (about US$2,460.93) after pleading guilty to promoting an electronic cigarette product on a YouTube podcast in 2024. The magistrate ordered one month’s jail in default of payment, and he paid the fine. He was charged over a promotion at 4.26pm on Oct 22, 2024, under Section 9(1) of the Control of Smoking Products for Public Health Act 2024 (Act 852).
Jan.08 by 2FIRSTS.ai
FDA Commissioner Stresses “Predictability” as Science Chief Addresses Industry Uncertainty
FDA Commissioner Stresses “Predictability” as Science Chief Addresses Industry Uncertainty
FDA Commissioner Marty Makary briefly appeared at the February 10 PMTA roundtable, underscoring the importance of regulatory predictability. At the close of the session, Office of Science Director Matthew Farrelly responded to industry concerns over review uncertainty, stating the agency will issue a written summary of feedback, while reiterating that no fixed quantitative risk benchmark governs authorization decisions.
Feb.11