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.

Imperial Brands to Close Langenhagen Cigarette Factory by 2027
Imperial Brands to Close Langenhagen Cigarette Factory by 2027
Imperial Brands said it will gradually close the Reemtsma factory in Langenhagen near Hanover by 2027 after efforts to find a buyer failed to produce a sustainable agreement. The factory has produced cigarettes since 1971 and currently affects around 600 employees. The company said it had examined all realistic options over recent months but did not receive a binding offer from a potential buyer.
Mar.27 by 2FIRSTS.ai
Cambodia’s tobacco industry association ATIC appoints JTI Cambodia GM as president
Cambodia’s tobacco industry association ATIC appoints JTI Cambodia GM as president
The Association of Tobacco Industry of Cambodia (ATIC) said JTI Cambodia General Manager Benjamin Cerletti has assumed the role of President following the completion of a two-year term served by his predecessor, Imperial Brands Plc.
Mar.05 by 2FIRSTS.ai
Product | OXVA launches SlimStick X in Europe and the U.S., shifting from pre-filled to open-system refilling
Product | OXVA launches SlimStick X in Europe and the U.S., shifting from pre-filled to open-system refilling
OXVA has recently launched its new e-cigarette, the SlimStick X. Unlike its predecessor, the SlimStick, which used a pre-filled pod system, the SlimStick X adopts an open-system refillable design, featuring a 2ml pod, a 1.0Ω coil, and a 1400mAh battery. The product has entered online retail channels in markets including the United States, the United Kingdom, Greece, and Spain, with a price of about $23.99.
Mar.06 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
Product | Refillable up to 30 mL in total and claimed 60,000 puffs: MASKKING launches open-system UCEE MAX
Product | Refillable up to 30 mL in total and claimed 60,000 puffs: MASKKING launches open-system UCEE MAX
E-cigarette brand MASKKING has recently listed its new UCEE MAX on its official website. According to the website, the device features an open, refillable design with a stated 10 mL e-liquid capacity, supports three refills, and claims a total of 60,000 puffs.
Mar.02 by 2FIRSTS.ai
Indonesia’s vape retailers adopt 21+ signage and ID verification requirements, report says
Indonesia’s vape retailers adopt 21+ signage and ID verification requirements, report says
RetailNews Asia reported that the Association of Indonesian Vape Retailers (Arvindo) has directed member stores to stop selling e-cigarettes to people under 21 and to display 21+ signage and verify customer age using valid identification.
Feb.27