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.

Bangladesh enforces a complete ban on e-cigarettes and emerging tobacco products, with jail and heavy fines
Bangladesh enforces a complete ban on e-cigarettes and emerging tobacco products, with jail and heavy fines
UNB reports that Bangladesh has imposed a complete ban on e-cigarettes, vapes, and other emerging tobacco products as the Smoking and Tobacco Products Use Control (Amendment) Ordinance, 2025 has come into effect.
Jan.04 by 2FIRSTS.ai
Kyrgyzstan Extends Import Ban on E-Cigarettes and Nicotine Liquids by Six Months
Kyrgyzstan Extends Import Ban on E-Cigarettes and Nicotine Liquids by Six Months
The Kyrgyz government has extended its ban on the import of electronic cigarettes and nicotine-containing liquids for another six months. The decision, signed by the chairman of the Cabinet of Ministers, covers e-cigarettes, integrated nicotine delivery systems, and nicotine liquids used in such devices. The original ban was introduced in July and was due to expire soon.
Dec.24 by 2FIRSTS.ai
2Firsts’ Nine Global Turning Points: How 2025 Reshaped the Nicotine Industry
2Firsts’ Nine Global Turning Points: How 2025 Reshaped the Nicotine Industry
In 2025, the global nicotine industry reached a critical turning point. Regulatory realignment, category shifts, capital repositioning and technological intervention unfolded in parallel, loosening old structures while new ones took shape. 2Firsts reviews nine pivotal events that reshaped the industry’s trajectory.
Jan.14
Alan Zhao: What Altria’s on! PLUS Authorization Really Signals About FDA PMTA Enforcement
Alan Zhao: What Altria’s on! PLUS Authorization Really Signals About FDA PMTA Enforcement
In this in-depth commentary for 2Firsts, Alan Zhao examines what Altria’s on! PLUS authorization really signals about FDA PMTA enforcement. Beyond the headline approval, FDA’s language, process design and product choices offer rare insight into how nicotine pouch regulation is taking shape—and what it means for industry compliance, in one of the earliest expert reads of the decision.
Regulations
Dec.20 by 2Firsts Perspectives
Kentucky to issue provisional state licenses to tobacco, nicotine and vapor retailers who applied before Jan. 1, 2026
Kentucky to issue provisional state licenses to tobacco, nicotine and vapor retailers who applied before Jan. 1, 2026
Kentucky will issue provisional state licenses to tobacco, nicotine and vapor product retailers that applied for a license with the Department of Alcoholic Beverage Control (ABC) before Jan. 1, 2026.
Dec.31 by 2FIRSTS.ai
Federal Register notice: FDA seeks comments on “Warning Plans for Certain Tobacco Products”
Federal Register notice: FDA seeks comments on “Warning Plans for Certain Tobacco Products”
The U.S. Food and Drug Administration (FDA) issued a notice stating it has submitted a proposed information collection to the Office of Management and Budget (OMB) for review under the Paperwork Reduction Act.
Jan.16 by 2FIRSTS.ai