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Federal Court Blocks FDA’s Juul Ban

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A federal appeals court blocked the Food and Drug Administration’s (FDA) ban on the sale and marketing of Juul products Friday, according to The Wall Street Journal.

The FDA announced Thursday it would ban the sale of Juul’s products, including e-cigarettes, claiming the company failed to present adequate and complete toxicological data to the agency. Juul voluntarily pulled its flavored cartridges from shelves in 2019 before the FDA banned the sale of fruit- and mint-flavored vaping products in 2020.

Juul can continue to sell its electronic cigarettes, at least for now, after a federal appeals court temporarily blocked a government ban. https://t.co/7zYPqog7PB

— The Associated Press (@AP) June 24, 2022

Now, a three-judge panel in the D.C. Circuit Court of Appeals has granted Juul’s request for a hold as the court reviews the FDA order and the company’s appeal, according to the Associated Press and the Wall Street Journal. The FDA requires e-cigarette companies to produce data proving their products have positive health benefits. The agency said Juul was unable to produce that data, and the company disagreed.

In its appeal, Juul claimed that the FDA could not argue there was an urgent need to ban its products now when it allowed them to be sold for the past two years while it reviewed the company’s data, according to The AP. Juul also protested the fact that the FDA has approved the sale of products from some of Juul’s leading competitors. (RELATED: ‘How About Banning Fentanyl?’: Tucker Unloads On Biden Administration’s Proposed Ban On Menthol Cigarettes)

The company is investigating multiple paths forward in the event its products remain banned, including potentially filing for bankruptcy, the Wall Street Journal reported, citing unnamed people familiar with the matter.

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