Juul urges court to temporarily lift FDA’s ban on its e-cigarettes

Pictured are Juul brand vape cartridges for sale at a store in Atlanta, Georgia.

Eliza Nouvelles | Reuters

Juul on Friday asked a federal appeals court to temporarily halt the Food and Drug Administration’s ban on its e-cigarettes.

The request came less than a day after the health agency told the company it was to remove its vaping products from the US market, effective immediately. According to the FDA, Juul’s continued sales of its vaping devices and menthol- and tobacco-flavored nicotine pods provided insufficient or conflicting data about the potential risks of using the company’s products.

Juul disagreed, saying in a statement that it had provided enough research and evidence to address the issues raised by the agency. The company’s chief regulatory officer, Joe Murillo, said in a statement Thursday that Juul is exploring its options, including whether to appeal the decision or engage with the FDA.

In a filing with the US Court of Appeals for the DC Circuit, Juul asked for an emergency administrative stay until he can file a motion for review pending Monday afternoon. If granted, the company and retailer will be able to continue to distribute and sell Juul products.

,[Juul’s] The only possibility of meaningful relief that allows it to continue selling its products is an immediate halt,” the company said in the filing.

Juul claimed that the FDA treated it unfairly compared to other e-cigarette makers. According to the filing, the agency’s press release announcing its decision on Joule products was “more harsh and threatening” than previous denials.

“The FDA’s decision is arbitrary and arbitrary and lacks sufficient evidence, and an immediate administrative halt is important to protect JLI, its commercial partners, and its customers,” Juul said.

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