A federal appeals court on Friday granted Juul Labs a temporary pardon, allowing it to keep its vape products on the market pending further judicial review of a decision made just a day earlier by the Food and Drug Administration to ban the sale of the company’s products.
The United States Court of Appeals for the District of Columbia issued a temporary stay requested by Juul. The appeals court’s brief decision warned that the stay “should in no way be construed as a decision on the merits.”
The suspension comes after the FDA’s order on Thursday, when the agency said Juul had to stop selling its products because it provided conflicting and insufficient data that prevented the FDA from evaluating its products’ potential health risks.
What’s the next step for July?
It will be up to the Court of Appeals to decide whether to continue allowing Juul to sell its products while the company continues its appeal of the FDA’s decision. The court gave Juul until noon Monday to file an additional motion, and it gave the FDA until July 7 to file a response motion.
In his emergency stay request, Juul argued that the FDA’s decision to ban the sale was motivated by political forces trying to blame the company for the youth vaping crisis. The FDA issued the decision against Juul “after immense political pressure from Congress,” the filing says, “although several of its competitors now have larger market share and much higher underage usage rates.”
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However, the FDA did not cite underage use in its decision to ban Juul from the market. Rather, the agency said Juul failed to provide sufficient evidence that its product prevented the leaching of chemicals from the device into the nicotine vapor that users inhale.
Will Juul users still be able to buy the company’s pods and vapes?
While the suspension is in effect, consumers can purchase Juul cartridges and their tobacco and menthol flavored capsules. The FDA had warned that retailers selling Juul products would eventually be subject to enforcement action, but not while a stay exists.
In its court filing, Juul noted that the agency’s decision “already had its intended effect,” suggesting that some retailers had stopped selling Juul products.
Can I still buy other e-cigarette products?
The FDA is not seeking a blanket ban on all vape products. As part of its new regulator of electronic nicotine delivery systems (ENDS), the agency has reviewed applications for millions of products. She has already given her permission to do so 23 of them, including Vuse Alto, the market leader, made by RJ Reynolds, and several others made by NJoy and Logic. (Applications for a million other products were denied.)
As part of its review, the agency must consider whether a product is a viable alternative to combustible tobacco that can help smokers quit, and whether the public health benefits outweigh the harm.
What are the top selling e-cigarettes still on the market?
According to data from Nielsen, Vuse Alto was the top-selling vaping brand in the US in the past 12 weeks, generating $414 million in sales and accounting for 33.4 percent of the total vape market. Juul followed in second place with a market share of 33 percent. None of the other brands came close to these two companies; The next best-selling brand, NJoy Ace, accounted for just 2.4 percent of the market.
How does the tobacco industry stack up against vaping?
According to Euromonitor, a data research firm, the cigarette industry in the United States generated sales of about $99 billion last year, compared to $7.8 billion for vape products like Juul. But tobacco sales are declining: Euromonitor estimates that cigarette sales will fall by about 13 percent by 2026, while vaping products are expected to grow by about 22 percent. Altria, the tobacco giant that acquired a 35% stake in July 2018, reported that its sales fell slightly over the past year. according to official documents.
There are an estimated 30 million smokers of traditional cigarettes in the United States, a number that has been declining for decades.