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A federal court of appeals has put a hold on the Food and Drug Administration‘s marketing ban on all Juul products, which was set to go into effect immediately.
The U.S. Court of Appeals for the D.C. Circuit answered a request issued by Juul on Thursday to put a stay on the FDA’s ban on the company’s e-cigarette products, which have been blamed for igniting a teen vaping crisis. The FDA said it would not comment on ongoing litigation.
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Juul declined a Washington Examiner request for comment.
The purpose of the temporary stay was to give the court sufficient time to consider Juul’s briefing for an emergency review.
In its motion for a stay earlier Friday, Juul argued that the immediate ban on its vaping products “is arbitrary and capricious and lacks substantial evidence” that will cause the company to “suffer significant irreparable harm.”
The FDA announced the sweeping ban on Thursday, issuing a severe blow to the once-booming Silicon Valley startup. The agency, which has had its sights set on the vaping industry since the early days of the former Trump administration, said that the company had not produced evidence to show that the proprietary e-liquid pods would not hurt public health. While the agency was not able to identify a hazard associated with using Juul devices, regulators said the company had not provided sufficient proof that using them was safe.
Juul’s sales have plunged in recent years after it was made a public health villain and blamed for hooking teenagers on nicotine using flashy advertising campaigns and fruit or dessert flavors. The company, facing heavy scrutiny for its business practices and a wave of lawsuits alleging it was responsible for driving a new epidemic of youth vaping, halted advertising and pulled most of its flavored pods from the market in 2019.
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Juul, anticipating devastating losses if the government’s ban is upheld, is currently in talks with legal counsel about contingency plans, including a bankruptcy filing.
Major health organizations lauded the agency’s move to ban the e-cigarettes on Thursday, while vape company trade groups slammed the decision, arguing that the FDA was taking a safer smoking alternative from adults who are legally allowed to consume tobacco.
