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.

Thailand’s Bangkok Police Bust Two Warehouses, Seize Over 100,000 Heated-Tobacco Items Worth $960,000
Thailand’s Bangkok Police Bust Two Warehouses, Seize Over 100,000 Heated-Tobacco Items Worth $960,000
Bangkok police said they raided two warehouse locations linked to an online distribution network for illicit vaping/heated-tobacco products, seizing IQOS ILUMA i devices and large quantities of TEREA sticks worth more than 30 million baht (about US$960,000). Three suspects described as administrators and caretakers were arrested, while investigators probe suspected smuggling routes and unpaid excise liabilities.
Feb.02 by 2FIRSTS.ai
Khmelnytskyi, Ukraine: counterfeit nicotine mixes and e-cigarette e-liquids seized, valued at over US$276,000
Khmelnytskyi, Ukraine: counterfeit nicotine mixes and e-cigarette e-liquids seized, valued at over US$276,000
According to UNN, law enforcement in Ukraine’s Khmelnytskyi region disrupted a group accused of selling illegally produced nicotine-containing mixtures and e-cigarette e-liquids without licenses or permits. The Prosecutor General’s Office said the overall value of the seized items exceeds UAH 12 million (about US$276,000). Motions were filed to arrest the seized property, and decisions are pending on necessary forensic examinations. (FX used: 1 UAH = US$0.023, as provided by the user.)
Jan.14 by 2FIRSTS.ai
Vietnam’s Health Ministry consults on tobacco-control law amendments, proposing an e-cigarette ban
Vietnam’s Health Ministry consults on tobacco-control law amendments, proposing an e-cigarette ban
VTV.vn reports that Vietnam’s Ministry of Health is collecting feedback on a draft amendment to the Law on Prevention and Control of Tobacco Harms, proposing an e-cigarette ban and broader public health protections.
Jan.13 by 2FIRSTS.ai
California DOJ publishes first-ever Unflavored Tobacco List; products not on the list are ineligible for sale
California DOJ publishes first-ever Unflavored Tobacco List; products not on the list are ineligible for sale
California Attorney General Rob Bonta announced the publication of the first-ever Unflavored Tobacco List (UTL), listing unflavored tobacco products lawful for sale under California’s flavored tobacco restrictions. Any covered tobacco product not appearing on the UTL is deemed a flavored tobacco product and ineligible for sale.
Jan.04 by 2FIRSTS.ai
Product | OXBAR Lists GOSLIM Disposable Vape on Its Website, Featuring Embedded Leather and a Slim Display Window Design
Product | OXBAR Lists GOSLIM Disposable Vape on Its Website, Featuring Embedded Leather and a Slim Display Window Design
OXBAR has updated its official website and listed a new disposable product, GOSLIM. The device is rated at 26,000 puffs, measures 40 × 22 × 110 mm, and weighs about 75 g, featuring an “embedded leather” exterior design. It supports two power modes—ECO and BOOST—and includes a digital display showing remaining battery percentage, remaining e-liquid level, and the active mode.
Jan.21 by 2FIRSTS.ai
Exclusive | EU Confirms End of Tobacco Policy Expert Group, Explores New Cooperation Structures as TPD Revision Continues
Exclusive | EU Confirms End of Tobacco Policy Expert Group, Explores New Cooperation Structures as TPD Revision Continues
2Firsts reporting shows that, as the European Union moves toward a future evaluation of its tobacco legislation, the Tobacco Policy Expert Group—long a key platform for coordination among Member States—formally concluded its mandate at the end of 2025. At the same time, the European Commission is exploring new cooperation structures to address the resulting institutional gap.
Jan.22