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.

2Firsts Flash|PMI Reports 2025 Results as Smoke-Free Products Account for 41.5% of Net Revenues
2Firsts Flash|PMI Reports 2025 Results as Smoke-Free Products Account for 41.5% of Net Revenues
Philip Morris International reported full-year 2025 results on February 6, with smoke-free products accounting for 41.5% of adjusted net revenues, up from 38.7% a year earlier. Total net revenues rose 7.3% to $40.65 billion, while shipment volumes increased 1.4%, widening the gap between revenue and volume growth. Cigarette shipments declined as smoke-free volumes rose 12.8%, driven by heated tobacco, oral nicotine and e-vapor products. Results were released alongside a 9:00 a.m. EST webcast.
Feb.06
The Volume Illusion: Measuring the Future of Nicotine with the Tools of the Past
The Volume Illusion: Measuring the Future of Nicotine with the Tools of the Past
As next-generation nicotine products become economically central rather than marginal, traditional volume-based metrics are increasingly unable to explain consumption, risk, and value. Units designed for a cigarette-based economy struggle to describe systems defined by delivery speed, pharmacokinetics, and adaptive user behavior. Drawing on financial reporting, regulation, and nicotine science, a fundamental question: can the future of nicotine still be measured using the tools of its past?
Feb.09 by Alan Zhao | 2Firsts Perspectives
2Firsts Interview with Glas |Why a California ENDS Company Believes Its Age-gated Flavored Vape Could Be Next in Line for FDA Authorization
2Firsts Interview with Glas |Why a California ENDS Company Believes Its Age-gated Flavored Vape Could Be Next in Line for FDA Authorization
As the FDA advances efforts to streamline its PMTA review process, including support for small businesses, expectations are rising that additional product authorizations may follow. Age-verification technology is emerging as a key consideration in future approvals.In this interview, California-based Glas discusses its G2 platform, integrating smartphone-based identity verification, proximity controls and anti-counterfeit systems, and outlines its positioning under the FDA’s PMTA framework.
Mar.02
India Tobacco Board urges Finance Minister Nirmala Sitharaman to revisit cigarette duty hike
India Tobacco Board urges Finance Minister Nirmala Sitharaman to revisit cigarette duty hike
The Tobacco Board, under the administrative control of India’s Department of Commerce, has written to Finance Minister Nirmala Sitharaman (Nirmala Sitharaman) flagging the adverse impact of an “unprecedented” increase in cigarette excise duties on the industry and on millions of farmers and workers, and urging a revision of duty rates.
Feb.11 by 2FIRSTS.ai
Alabama House Health Committee advances SB9 to restrict vaping in public spaces under Clean Indoor Air Act
Alabama House Health Committee advances SB9 to restrict vaping in public spaces under Clean Indoor Air Act
The Alabama House Health Committee passed Senate Bill 9 on Wednesday to restrict vaping in public areas under the state’s Clean Indoor Air Act. Introduced by Sen. Gerald Allen, SB9 would add vapes—defined as “electronic nicotine delivery systems”—to the forms of “smoking” currently prohibited in enclosed public places.
Feb.13 by 2FIRSTS.ai
2Firsts Interview | Prague Move Puts Eastern Europe in Focus for Nicotine Industry Event EVO NXT
2Firsts Interview | Prague Move Puts Eastern Europe in Focus for Nicotine Industry Event EVO NXT
EVO NXT will move to Prague in April 2026. As an event’s official media partner for four consecutive years, 2Firsts recently interviewed the organisers, who said the relocation reflects strong growth in Eastern European markets for alternative nicotine products. They described EVO NXT as not a traditional trade fair but a business festival shaped by rapid changes in regulation, markets and technological innovation across the global nicotine industry.
Feb.03