Juul, FDA agree to suspend court case while e-cigarette ban remains on hold

WASHINGTON — The U.S. Food & Drug Administration and Juul Labs Inc. agreed on Wednesday to temporarily suspend their legal battle while the government conducts more reviews of the company’s electronic cigarettes.

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The agreement comes a day after the FDA placed a hold on its initial order that banned Juul’s products from the market, The Associated Press reported. The agency said that Juul’s application warranted “additional review.”

The company can continue selling its e-cigarettes, according to the federal court filing.

“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,” a Juul spokesperson said in a statement.

According to the filing, if the FDA decides to reimpose the ban, Juul will have 30 days to seek another stay, the AP reported.

Last month, Juul filed for relief from the FDA order, calling it extraordinary and unlawful, The Wall Street Journal reported. The company also questioned the handling of the announcement.

The products included in the original ban are the Juul device and four types of Juul pods: Virginia tobacco-flavored pods and menthol-flavored pods, both with nicotine concentrations of 5% and 3%, the FDA said.

Juul’s e-cigarettes contain nicotine in the form of a liquid vaporized by the device. The FDA has been concerned that they may contribute to the rise in youth vaping rates.

In 2019, the FDA banned the sale of fruity and sweet flavors of Juul’s e-cigarettes, citing concerns that they could appeal to underage users, according to Bloomberg.

According to an article published by the AP in 2021, to stay on the market, companies like Juul must provide evidence that their e-cigarettes benefit public health. That means proving that not only are adult smokers who use them more likely to quit or reduce their smoking, but also proving that teens are unlikely to get hooked on them.

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