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.

Malaysia health minister says court conviction over vape promotion sets key precedent for Act 852 enforcement
Malaysia health minister says court conviction over vape promotion sets key precedent for Act 852 enforcement
Malaysia’s Health Minister Datuk Seri Dr Dzulkefly Ahmad said the Putrajaya Magistrate’s Court decision to convict a known personality for promoting vape has set an important legal precedent for enforcing the Control of Smoking Products for Public Health Act (Act 852).
Jan.09 by 2FIRSTS.ai
The Volume Illusion: Measuring the Future of Nicotine with the Tools of the Past
The Volume Illusion: Measuring the Future of Nicotine with the Tools of the Past
As next-generation nicotine products become economically central rather than marginal, traditional volume-based metrics are increasingly unable to explain consumption, risk, and value. Units designed for a cigarette-based economy struggle to describe systems defined by delivery speed, pharmacokinetics, and adaptive user behavior. Drawing on financial reporting, regulation, and nicotine science, a fundamental question: can the future of nicotine still be measured using the tools of its past?
Feb.09 by Alan Zhao | 2Firsts Perspectives
Mexico City hands over 50,376 vapes and e-cigarettes for destruction, valued at USD 570,000
Mexico City hands over 50,376 vapes and e-cigarettes for destruction, valued at USD 570,000
Mexico City Head of Government Clara Brugada handed over 50,376 vapes and e-cigarettes in the Zócalo for final destruction. The report puts the value at 10 million pesos (about USD 570,000) and says the goods were seized from a stall and a warehouse in the Historic Center, with one person detained because selling these products is illegal.
Jan.19 by 2FIRSTS.ai
Ireland’s HSE finds over a fifth of vape shops tested still selling to children despite under-18 ban
Ireland’s HSE finds over a fifth of vape shops tested still selling to children despite under-18 ban
Ireland’s Health Service Executive (HSE) data show that more than a fifth of vape shops tested were still selling nicotine-inhaling vaping products to children, despite a ban on sales to under-18s that took effect on December 22, 2023.
Jan.05 by 2FIRSTS.ai
Before the Boom:  Why Manufacturing Is Becoming the Deciding Factor in U.S. Nicotine Pouches — An Interview with Rena World
Before the Boom: Why Manufacturing Is Becoming the Deciding Factor in U.S. Nicotine Pouches — An Interview with Rena World
As the U.S. nicotine pouch market moves toward regulatory clarity and rapid growth, attention is shifting from demand to execution. In an interview with 2Firsts, U.S.-based manufacturer Rena explains why manufacturing capacity, quality systems, and compliance readiness are becoming decisive factors before the market fully takes off.
Jan.19
Product | Clear Tank, Airflow Control and Three-Dimension Flavor Labels: RELX Launches Disposable DIVA in South Korea
Product | Clear Tank, Airflow Control and Three-Dimension Flavor Labels: RELX Launches Disposable DIVA in South Korea
RELX has recently launched its disposable e-cigarette, the RELX DIVA, on online channels in South Korea, offering two nicotine strengths of 0.98% and 1.98%. Publicly available information shows the device features a 20 mL e-liquid capacity and is rated for around 30,000 puffs, alongside a 750 mAh rechargeable battery and two power modes—BOOST and ECO—at approximately 16W and 13W, respectively.
Feb.05 by 2FIRSTS.ai