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Court Temporarily Blocks 'Unlawful' FDA Ban on Its E-Cigarettes

 1 year ago
source link: https://www.businessinsider.com/juul-appeals-fda-ban-on-e-cigarettes-2022-6
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Juul won a temporary court stay to block FDA's 'extraordinary and unlawful' ban on its e-cigarettes

A woman exhales a puff of vapor from a Juul pen in Vancouver, Wash.

A woman exhales a puff of vapor from a Juul pen in Vancouver, Wash. AP Photo/Craig Mitchelldyer

  • Juul Labs appealed the FDA ban on its product in federal court on Friday.
  • The DC circuit appeals court granted a temporary stay.
  • Juul Labs and retailers can continue selling the products until a future hearing decides the case.
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Juul Labs won a temporary stay from a federal appeals court on Friday that removes for the time being a federal ban on its e-cigarettes on Friday.

The Food and Drug Administration (FDA) called for Juul Labs e-cigarettes to be removed from the US market immediately on Thursday. The vaping company said the FDA order was "extraordinary and unlawful" in its court filing in the US Court of Appeals for the D.C. Circuit. 

The Wall Street Journal reported late Friday that the circuit court's stay will give the court clearance to hear arguments on the case's merits in the future.

In the filing, Juul Labs asked the court to grant it an emergency stay if the order so that the company could file an additional motion on Monday. The vaping company said in its filing that it has been "singled out" by the FDA as compared to the agency's treatment of other e-cigarette companies.

The FDA said on Thursday that it was pulling the product off the market because Juul Labs failed to provide sufficient evidence that its vape pods did not leach potentially hazardous chemicals.

Juul Labs' chief regulatory officer, Joe Murillo, said in a statement to Insider that the company believes it "provided sufficient information and data based on high-quality research to address all issues raised by the agency." 

If the appeal is granted, the company and retail stores will be able to temporarily continue selling Juul e-cigarettes.

Insider previously reported that experts have said the FDA order could be a sign of an impending crackdown on the entire industry.

"This ban by the FDA puts electronic-cigarette makers on notice," Alan Holcolmb, a lawyer who focuses on product liability at Turnbull Holcomb, told Insider. "These manufacturers no longer have an unfettered ability to manufacture harmful products and sell them to masses of young people without significant oversight by the government."


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