The FDA Suspends Its Own Juul Marketing Denial Order

Regulations by Vaping Post
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.

New Zealand Ruling Party Accused of Favoring Tobacco Industry; Smoke-Free Groups Urge Prime Minister to Intervene in Tobacco Oversight
New Zealand Ruling Party Accused of Favoring Tobacco Industry; Smoke-Free Groups Urge Prime Minister to Intervene in Tobacco Oversight
New Zealand Vape-Free Kids urges removing New Zealand First’s control over tobacco and vaping regulations. RNZ documents reveal Philip Morris’s close ties with the party, including a legislative draft for heated tobacco products (HTPs) and an excise tax cut on HTPs by MP Casey Costello, benefiting Philip Morris. Party leader Winston Peters says contacts with the tobacco industry are legal.
Jul.23 by 2FIRSTS.ai
U.S. Fifth Circuit Court Rejects Shenzhen IVPS Appeal: Lack of Abuse Liability Research Key to Loss
U.S. Fifth Circuit Court Rejects Shenzhen IVPS Appeal: Lack of Abuse Liability Research Key to Loss
On July 23, 2025, the U.S. Court of Appeals for the Fifth Circuit ruled to reject the petition for judicial review filed by Shenzhen IVPS Technology Co., Ltd. (IVPS) and its U.S. distributor ECIGRUSA (Worldwide Vape Distribution) against the FDA, thereby upholding the FDA’s denial of their Premarket Tobacco Product Applications (PMTAs) for six open-system e-cigarette devices and components. The court held that the lack of key evidence on “abuse liability” alone was sufficient grounds to support
Aug.15 by 2FIRSTS.ai
Brazilian Man Sentenced for Illegal E-Cigarette Sales; Products Largely Sourced from China and Paraguay
Brazilian Man Sentenced for Illegal E-Cigarette Sales; Products Largely Sourced from China and Paraguay
A Brazilian man has been sentenced to four years in prison for e-cigarette smuggling and illegal possession of ammunition. The case highlights the use of social media to sell e-cigarettes unlawfully and underscores authorities’ resolve to crack down on the black market.
Jul.22 by 2FIRSTS.ai
Thailand Police Bust Bangkok E-Cigarette Factory,20,000 Vapes Seized
Thailand Police Bust Bangkok E-Cigarette Factory,20,000 Vapes Seized
Thailand’s Economic Crime Suppression Division (ECD) raided a warehouse-factory in Bangkok’s Bang Khunthian district, arresting two Chinese managers and detaining 11 Myanmar workers. Officers seized about 20,000 e-cigarette products along with chemical tanks, raw materials, and production equipment. The suspects face charges for operating an illegal business involving e-cigarettes, which are banned under Thai law.
Sep.10
BAT Japan to Launch Limited Edition glo HYPER pro HANABI EDITION
BAT Japan to Launch Limited Edition glo HYPER pro HANABI EDITION
BAT Japan to launch limited edition glo HYPER pro HANABI EDITION on July 25, celebrating "Live Life in Color" event.
Jul.23 by 2FIRSTS.ai
UK Retailer VPZ Slams Government’s “Double Standards”: Deputy PM Vapes While Policy Pushes Against Harm Reduction
UK Retailer VPZ Slams Government’s “Double Standards”: Deputy PM Vapes While Policy Pushes Against Harm Reduction
UK vape retailer VPZ accused the government of hypocrisy in its vaping policies. On one hand, Deputy Prime Minister Angela Rayner was photographed using a vape as a smoking alternative; on the other, the Labour Party is pushing for stricter restrictions on vape flavors, packaging, and marketing. VPZ warned that such measures may backfire, hindering adult smokers from quitting and fueling the black market.
Aug.28 by 2FIRSTS.ai