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.

South Korea online purchasing fuels spread among younger groups; online drug cases share climbs
South Korea online purchasing fuels spread among younger groups; online drug cases share climbs
Police said detections of new drugs disguised as e-cigarettes reached 1,206 cases through September last year, up from 941 in 2022, and the number of detected drug types increased from 26 to 33 over the same period.
Feb.11 by 2FIRSTS.ai
Russia’s Duma Deputy Speaker Davankov calls for a total vape ban, citing drug sales disguised as vapes
Russia’s Duma Deputy Speaker Davankov calls for a total vape ban, citing drug sales disguised as vapes
Vladislav Davankov, deputy speaker of Russia’s State Duma, urged a nationwide ban on vapes, arguing it would help prevent drugs being sold under the cover of vaping products, including near schools. The remarks come as Russia prepares to enforce a separate ban on vape sales at public transport stops starting Sept. 1, 2026.
Feb.09 by 2FIRSTS.ai
FDA Outlines Manufacturing Requirements as Critical to ENDS PMTA Success
FDA Outlines Manufacturing Requirements as Critical to ENDS PMTA Success
FDA officials said manufacturing consistency is a core prerequisite for ENDS PMTA reviews, not a procedural formality. During its February 10, 2026 roundtable, the agency outlined expectations for quality management systems, manufacturing documentation, nicotine control, stability studies, and risk mitigation, emphasizing that robust manufacturing evidence underpins determinations of whether products are appropriate for the protection of public health.
Feb.11
UK Barnsley: Town-centre vape shop and owner hit with £15,000+ bill after ignoring three improvement notices
UK Barnsley: Town-centre vape shop and owner hit with £15,000+ bill after ignoring three improvement notices
A Barnsley town-centre vape retailer and its owner have been ordered to pay more than £15,000 after admitting multiple offences linked to the continued sale of illegal single-use vapes and non-compliant food items, despite three formal improvement notices.
Feb.06 by 2FIRSTS.ai
Japan Tobacco Launches Nordic Spirit Nicotine Pouches in Japan; Nationwide Rollout Starts April 6
Japan Tobacco Launches Nordic Spirit Nicotine Pouches in Japan; Nationwide Rollout Starts April 6
Japan Tobacco (JT) has introduced the new Nordic Spirit nicotine pouch brand in Japan. The Cola Fizz Medium flavor began early sales on March 3, 2026 via the CLUB JT online shop, and will be rolled out sequentially from April 6 through nationwide channels including 7-Eleven, Lawson, and NewDays. The Berry Mix Medium flavor is expected to launch on CLUB JT around mid-March.
Mar.04 by 2FIRSTS.ai
Australian Border Force Deputy Commissioner Meets China Tobacco Regulator as Illicit Tobacco Enforcement Intensifies
Australian Border Force Deputy Commissioner Meets China Tobacco Regulator as Illicit Tobacco Enforcement Intensifies
ABF Deputy Commissioner Tim Fitzgerald visited Beijing for talks with China’s STMA. The meeting follows several exchanges between Australian enforcement agencies and China’s tobacco regulator in recent years. The discussions come as Australia intensifies efforts to combat illicit tobacco and vaping products, including large seizures at the border, while the country’s strict tobacco and vape policies continue to spark debate over their impact on the growth of black markets.
Mar.09