Juul says "politics" influenced e-cigarette ban, FDA ignored evidence

EventsNews by NEW YORK POST
Jun.29.2022

Juul Labs asked a federal appeals court on Tuesday to extend a temporary block on the Food and Drug Administration’s ban of its e-cigarettes – arguing the agency caved to political pressure and failed to consider important evidence before making its decision.

 

The company won a last-minute reprieve last Friday from the court after the vaping company said its business would face irreparable harm if the ban was enacted.

 

Juul says

 

Juul’s latest filing asserted that the FDA rejected its application to continue selling products “for deeply flawed reasons” and ignored approximately 6,000 pages of data from the company that purportedly showed “chemicals are not observable in the aerosol that Juul users inhale.”

 

The company added that the decision was reached “against a backdrop of immense political pressure” from Congressional lawmakers who “tainted the entire agency process” by pushing for a Juul ban. Juul officials say its products are held to a different regulatory standard than those made by rivals.

 

“If the court does not intervene, [Juul Labs] products will disappear from store shelves and politics will have won over sound science and evidence,” the filing said.

 

Juul is now pushing for an extended stay while it attempts to overturn the ban in court.

 

“Having received the emergency temporary stay, we are now seeking the ability to continuously offer our products to adult smokers throughout our appeal with the court and science- and evidence-based engagement with our regulator,” said Joe Murillo, Juul Labs’ chief regulatory officer.

 

The FDA did not immediately return a request for comment.

 

Juul says

 

The appeals court has not set a new date to lift the stay.

 

“We remain confident in our science and evidence and believe that we will be able to demonstrate that our products do in fact meet the statutory standard of being “appropriate for the protection of the public health,” Murillo said.

 

Aside from the 6,000 pages of aerosol data, Juul’s filing said the company provided more than 110 scientific studies and over 125,000 pages of additional data and analysis to address the FDA’s concerns.

 

The FDA represents a potential existential threat to Juul, which dominated the market until concerns about the harmful effects of its products – including an underage vaping trend – prompted a swarm of Congressional and regulatory scrutiny.

 

Last week, the Wall Street Journal reported that the company is mulling a potential bankruptcy filing if the FDA ban is upheld.

 

In announcing its decision that Juul products must be removed from shelves, the FDA stated that Juul failed to provide sufficient evidence or data to support its application.  

 

“As with all manufacturers, Juul had the opportunity to provide evidence demonstrating that the marketing of their products meets these standards,” said Michele Mital, acting director of the FDA’s Center for Tobacco Products.

 

“However, the company did not provide that evidence and instead left us with significant questions. Without the data needed to determine relevant health risks, the FDA is issuing these marketing denial orders,” Mital added.

2Firsts Interview with Alchem: Addressing Quality, Speed, and Regulation in Next-Gen Nicotine Solutions
2Firsts Interview with Alchem: Addressing Quality, Speed, and Regulation in Next-Gen Nicotine Solutions
As global regulations tighten and demand for smoke-free alternatives grows, the nicotine industry is rapidly evolving. In an interview with 2Firsts, Alchem discusses how enhanced purity, consistency, and technological innovation help address quality, speed, and compliance challenges.
Jul.10
EU Plans to Include Tobacco Tax in Long-Term Budget Revenue, Sparking Potential Member State Opposition
EU Plans to Include Tobacco Tax in Long-Term Budget Revenue, Sparking Potential Member State Opposition
The European Commission is considering making tobacco taxes a new revenue source for the next long-term EU budget, according to a German government document. The proposal, still at an exploratory stage, could face opposition from the tobacco industry and requires unanimous approval from member states.
Jul.10 by 2FIRSTS.ai
WHO Global Tobacco Report 2025: 7 Countries One Step Away from Full Compliance, 40 Fall Short of Best Practice Standards
WHO Global Tobacco Report 2025: 7 Countries One Step Away from Full Compliance, 40 Fall Short of Best Practice Standards
The WHO's 10th Global Tobacco Report shows 6.1 billion people are covered by at least one MPOWER measure. Four countries are fully compliant, while 40 still fall short. The report highlights progress on tobacco health warnings.
Jun.27 by 2FIRSTS.ai
Philip Morris International: When High Valuation Meets Flawed Performance — A 2Firsts Reader Submission
Philip Morris International: When High Valuation Meets Flawed Performance — A 2Firsts Reader Submission
After PMI released its Q2 2025 earnings, a 2Firsts reader submitted an in-depth analysis unpacking key concerns behind the headline numbers. While earnings beat expectations, slowing organic revenue growth, challenges in combustibles and ZYN, and a low margin for error under high valuation have triggered market unease. The next few quarters may prove pivotal for PMI’s growth narrative.
Jul.24
New E-Cigarette Regulation in Tennessee Takes Effect in August: Retailers Required to Purchase from Licensed Distributors
New E-Cigarette Regulation in Tennessee Takes Effect in August: Retailers Required to Purchase from Licensed Distributors
A new e-cigarette law in Tennessee will take effect on August 1, requiring manufacturers to register their products and retailers to purchase from licensed distributors. Store owners are uncertain about compliance, as regulations are still being finalized.
Jul.29 by 2FIRSTS.ai
ETN Reports on the "2024 Global Tobacco Control Progress Report"
ETN Reports on the "2024 Global Tobacco Control Progress Report"
In 2024, FCTC Parties took steps to curb tobacco use through tax and price measures, smoke-free policies, ingredient regulation, ad bans, and environmental protections. Global efforts showed weaker Convention influence, a stronger focus on tobacco control in global governance, and increasing differences among Parties.
Jul.07 by 2FIRSTS.ai