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.

Israel’s Finance Ministry Advances New Tax Plan for Vapes, Tobacco Pouches and Nicotine Pouches
Israel’s Finance Ministry Advances New Tax Plan for Vapes, Tobacco Pouches and Nicotine Pouches
Israel’s Finance Ministry is advancing a new bill to tax e-cigarettes, tobacco pouches and nicotine pouches. According to the report, once approved by the Knesset Finance Committee, the initiative would only require the signature of Finance Minister Bezalel Smotrich to take effect. The plan would lower the tax on vape liquid while introducing new taxes on vape devices and on tobacco and nicotine pouches.
Apr.22 by 2FIRSTS.ai
2Firsts|Sesh Advances Nicotine Pouch PMTA to Filing Stage, Experts Highlight Regulatory Threshold and Market Window
2Firsts|Sesh Advances Nicotine Pouch PMTA to Filing Stage, Experts Highlight Regulatory Threshold and Market Window
Sesh said its Premarket Tobacco Product Application (PMTA) for 64 nicotine pouch SKUs has been accepted by the U.S. Food and Drug Administration (FDA) and advanced to the Filing stage, entering substantive scientific review. Industry experts say the development signals that the application has crossed a key technical and regulatory threshold, while also highlighting growing divergence in regulatory capability and market positioning within the nicotine pouch category.
Special Report
Mar.24 by 2FIRSTS.ai
Nicotine Beyond Tobacco? Cell Study Signals Emerging Shift in Production Systems
Nicotine Beyond Tobacco? Cell Study Signals Emerging Shift in Production Systems
Researchers at the Chinese Academy of Sciences reconstructed nicotine biosynthesis in non-tobacco plants and yeast systems, highlighting how advances in synthetic biology could gradually reshape future nicotine production technologies and challenge regulatory frameworks built around tobacco-derived definitions.
Special Report
May.07
Australia’s Tasmania Tables New Bill to Strengthen Crackdown on Illicit Tobacco and Vapes
Australia’s Tasmania Tables New Bill to Strengthen Crackdown on Illicit Tobacco and Vapes
The Tasmanian government has tabled the Public Health Amendment (Prohibited Tobacco and Other Products) Bill 2026 in Parliament, proposing new offences, higher penalties and stronger enforcement powers to crack down on illicit tobacco and vaping products.
Mar.25 by 2FIRSTS.ai
New York Proposal to Tax Nicotine Pouches at 75% Draws Opposition
New York Proposal to Tax Nicotine Pouches at 75% Draws Opposition
A proposal by New York Governor Kathy Hochul to impose a steep tax on nicotine pouches has drawn opposition from law-enforcement officials and business groups, who say it could expand the state’s illicit tobacco market. The measure was included in Hochul’s preliminary two-year USD 260 billion budget plan and would treat nicotine pouches like other tobacco products.
Mar.17 by 2FIRSTS.ai
Exclusive | Shenzhen Tobacco Authorities Ask Licensed Chinese Vape Manufacturers to Submit STN Details for U.S.-Bound Products
Exclusive | Shenzhen Tobacco Authorities Ask Licensed Chinese Vape Manufacturers to Submit STN Details for U.S.-Bound Products
Shenzhen tobacco authorities have asked licensed Chinese vape manufacturers to submit STN details for U.S.-bound products, including CTP Portal or STN email screenshots, highlighting a new compliance signal in cross-border oversight.
Apr.02