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.

Over 160 organizations urge Formula 1 to end all tobacco sponsorships, including nicotine pouches
Over 160 organizations urge Formula 1 to end all tobacco sponsorships, including nicotine pouches
On March 4, 2026, more than 160 public interest organizations worldwide sent a letter to Formula 1 urging it to expand its 2006 prohibition on cigarette sponsorships to include nicotine pouches and other tobacco products. The letter states that Philip Morris International sponsors Ferrari to promote ZYN pouches, while British American Tobacco sponsors McLaren with its Velo brand, with logos displayed on cars and drivers’ race suits and promoted on social media.
Mar.06 by 2FIRSTS.ai
Product | OXVA launches SlimStick X in Europe and the U.S., shifting from pre-filled to open-system refilling
Product | OXVA launches SlimStick X in Europe and the U.S., shifting from pre-filled to open-system refilling
OXVA has recently launched its new e-cigarette, the SlimStick X. Unlike its predecessor, the SlimStick, which used a pre-filled pod system, the SlimStick X adopts an open-system refillable design, featuring a 2ml pod, a 1.0Ω coil, and a 1400mAh battery. The product has entered online retail channels in markets including the United States, the United Kingdom, Greece, and Spain, with a price of about $23.99.
Mar.06 by 2FIRSTS.ai
FDA Details Carcinogenicity Tiering and ELCR Framework as Small Manufacturers Press for Predictability
FDA Details Carcinogenicity Tiering and ELCR Framework as Small Manufacturers Press for Predictability
During the “Toxicological Profile” session at FDA’s Feb 10 PMTA roundtable, officials outlined the carcinogenicity tiering system and Excess Lifetime Cancer Risk (ELCR) framework used in ENDS reviews under the APPH standard. Small manufacturers questioned database transparency, exposure assumptions, and the existence of clear compliance benchmarks. FDA reiterated toxicological risk is assessed case by case within a broader population-level determination.
Feb.11
Belgium Calls for EU-Wide Limits on Vape Ingredients and Ban on Disposable E-Cigarettes
Belgium Calls for EU-Wide Limits on Vape Ingredients and Ban on Disposable E-Cigarettes
Belgian Health Minister Frank Vandenbroucke has called on the European Union to take stronger action on vaping, saying it is becoming an “epidemic” and accusing the industry of targeting young people.
Mar.26 by 2FIRSTS.ai
BENDSTA Urges Prime Minister to Review Bangladesh’s 2025 Tobacco Control Ordinance
BENDSTA Urges Prime Minister to Review Bangladesh’s 2025 Tobacco Control Ordinance
The Bangladesh Electronic Nicotine Delivery System Traders Association (BENDSTA) has urged the prime minister to initiate a comprehensive parliamentary review of the Smoking and Tobacco Products Use (Control) Ordinance, 2025.
Mar.12 by 2FIRSTS.ai
Five Inner West Sydney shops shut for 90 days after 780,000 illicit cigarettes and 2,200 illegal vapes seized
Five Inner West Sydney shops shut for 90 days after 780,000 illicit cigarettes and 2,200 illegal vapes seized
NSW Health has shut down five Inner West Sydney stores for 90 days after a major seizure of illicit cigarettes and illegal vapes, with two additional premises in Northern NSW also served closure notices. The action forms part of a broader crackdown that has seen 66 stores closed since new laws took effect in late 2025, with NSW Health warning further enforcement — including prosecution — may follow.
Feb.09 by 2FIRSTS.ai