The FDA Suspends Its Own Juul Marketing Denial Order

Regulations
Jul.14.2022
In what is appearing as a ridiculous series of events, the FDA is having to go back on its own decision and “temporarily suspending the marketing denial order (MDO) pending additional review,” seemingly in response to legal documents filed by Juul immediately after the MDO was issued.

"The FDA said it will conduct further reviews into the Juul applications.

The FDA Suspends Its Own Juul Marketing Denial Order

Many health and anti-vape groups had been pressuring the FDA to reject any PMTA applications by Juul for months. In fact earlier this year, several groups joined forces and sent a letter to the FDA urging it to take action on the outstanding PMTAs and deny any applications for flavoured vaping products.

 

Entities such as the American Lung Association (ALA) and the Campaign for Tobacco-Free Kids said they were “deeply disappointed” that the FDA was still studying a percentage of the applications, including Juul’s. ECigIntelligence had revealed that the Campaign for Tobacco-Free Kids had gone as far as threatening to take the agency to court if it did not “immediately clarify” the timeline and reason for these delays.

 

Finally last month, the FDA issued Juul an MDO. The decision applied to “all of their products currently marketed in the United States,” and would have forced the manufacturer to completely exit the US market. “We recognize these make up a significant part of the available products and many have played a disproportionate role in the rise in youth vaping,” stated FDA Commissioner Robert M. Califf.

 

Juul denied claims that it had not submitted enough documentation

 

However in response to this, Juul immediately filed an emergency motion at a federal appeals court asking the court to take a stance against an “extraordinary and unlawful action” by the FDA. A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit ruled in favour of Juul, allowing the products to remain on the market.

 

In issuing the MDOs, the FDA accused Juul of failing to submit enough information in its applications, leaving regulators with many questions. However during the court filing, Juul revealed that it had submitted a 125,000-page application to the FDA nearly two years ago, adding that the application included several studies to evaluate the health risks among Juul users.

 

Subsequently, the FDA has just announced it is suspending its decision in order to conduct further reviews. “FDA is reviewing the marketing denial orders it issued to JUUL because in the course of reviewing litigation briefing materials the agency determined that there are scientific issues unique to this application that warrant additional review,” said an FDA spokesperson as quoted by Filter. The spokesperson added that because Juul’s “products do not have marketing authorization, [the company] cannot legally market, ship or sell their products,” and “the stay does not change this.”

 

“With this administrative stay from the FDA now in place, we continue to offer our products to adult smokers while we pursue the agency’s internal review process,” Joe Murillo, the chief regulatory officer at Juul Labs, said in a statement. “We remain confident in the quality and substance of our applications and believe that ultimately 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. We now look forward to re-engaging with the FDA on a science- and evidence-based process to pursue a marketing authorization for JUUL products.”

 

Filter highlighted that that the FDA decision could be translated in one of two ways: “Either the FDA is looking to bolster its initial MDO; or it believes it may have erred and could release a full rescission, placing Juul once again in scientific review.”

 

The content excerpted or reproduced in this article comes from a third-party, and the copyright belongs to the original media and author. If any infringement is found, please contact us to delete it. Any entity or individual wishing to forward the information, please contact the author and refrain from forwarding directly from here.

Elfbar warns flavour bans could push over 50,000 Scottish vapers back to smoking
Elfbar warns flavour bans could push over 50,000 Scottish vapers back to smoking
Elfbar said restricting vape flavour choices—potentially under the Tobacco and Vapes Bill—could disrupt established quitting behaviours and increase relapse risk among former smokers. An Opinium survey commissioned by the company reported fruit and sweet flavours have risen in popularity among adult vapers quitting smoking in Scotland, with 62% now using them most often to quit, up from 34% in December 2024.
Feb.28 by 2FIRSTS.ai
FRE Nicotine Pouches Partners with Taylor Reimer Racing, Covering Four 2026 ARCA Events
FRE Nicotine Pouches Partners with Taylor Reimer Racing, Covering Four 2026 ARCA Events
FRE® Nicotine Pouches announced a partnership with Taylor Reimer Racing, becoming the Official Nicotine Sponsor for four races in the 2026 ARCA Menards Series and serving as the primary sponsor at events in Alabama, Michigan, Minnesota, and Arizona. FRE branding will appear on the race car, driver suit, and helmet, and the collaboration will also extend to off-track content and activations.
Feb.27
EVO NXT: two days, four zones, countless opportunities
EVO NXT: two days, four zones, countless opportunities
Mar.30
Alaska AG warns 1,500+ retailers to stop selling unauthorized vapes and nicotine pouches
Alaska AG warns 1,500+ retailers to stop selling unauthorized vapes and nicotine pouches
Alaska’s attorney general has sent warning letters to more than 1,500 retailers and distributors, cautioning them against selling tobacco products — including e-cigarettes and oral nicotine pouches — that lack U.S. Food and Drug Administration authorization.
Mar.06 by 2FIRSTS.ai
FDA Says It Will Not Take Enforcement Action Against Zone Nicotine Pouches Until Lawsuit Is Resolved
FDA Says It Will Not Take Enforcement Action Against Zone Nicotine Pouches Until Lawsuit Is Resolved
The U.S. Food and Drug Administration has told vape manufacturer Fontem US that it does not presently intend to take enforcement action against the company’s Zone nicotine pouches while litigation over the agency’s handling of the application remains unresolved.
Apr.07 by 2FIRSTS.ai
Philip Morris Ukraine Says Ukraine’s Flavored Vape Ban Still Lacks Effective Enforcement
Philip Morris Ukraine Says Ukraine’s Flavored Vape Ban Still Lacks Effective Enforcement
Mikhail Polyakov, deputy general director for corporate affairs at Philip Morris Ukraine, said Ukraine’s ban on flavored and aromatic additives for e-cigarettes, in force since July 11, 2024, has not worked in practice because compliance is not being enforced.
Mar.17 by 2FIRSTS.ai