Juul called the FDA's attempted ban “arbitrary and capricious” and suggested the agency was succumbing to pressure from Congress.
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reports, and as such the agency could not complete its toxicology assessment. The FDA specifically pointed to “potentially harmful chemicals leaching from the company’s proprietary e-liquid pods” as a concern. However, Juul pushed back—and secured a temporary win. In a court filing submitted to the US Court of Appeals for the DC Circuit, Juul called the FDA ban “” and suggested the agency was succumbing to pressure from Congress. The federal appeals court then decided to block the FDA order, until it can hear more arguments on the issue.
The FDA's denial and the subsequent stay are just the latest developments in a years-long battle between regulators and Juul. Back in 2018, the FDA launched an investigation into sales of Juul products to underage consumers, requested marketing materials from the company, and demanded that the company submit a plan for thwarting sales to teens. The following year, the FDA sent a warning letter to Juul over its claims that vapes were less harmful than traditional cigarettes.
The latest ban, if it ever goes into effect, would apply to the Juul device itself, a sleek vaping pen, and to four specific liquid cartridges, all of which are tobacco-flavored or menthol-flavored—those that mimic the flavors of traditional cigarettes. The denial from the FDA came just a couple days after the agency said it would also limit the amount of nicotine allowed in real cigarettes sold in the US.on the platform.
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