Juul can keep selling e-cigarettes, after an appeals court paused the FDA’s ban

July may continue selling its e-cigarettes despite the Food and Drug Administration ordering a ban on Thursday, according to the U.S. Court of Appeals for the District of Columbia (via TechCrunch). In its order, the court says it’s issuing the temporary stay to give July time to file an emergency motion, which it can then consider along with a response from the FDA.

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The FDA says the reason for the ban is that there’s “insufficient evidence to assess the potential toxicological risks of using the July products.” July had petitioned for clearance to sell its Tobacco and menthol-flavored vape products, but the FDA turned down the application. The regulator notes that it’s only illegal to sell the Julul device and Juul pods, not to own or use them.

According to the court’s order, uploaded by Axios, July has until noon on the 27th to file its emergency motion. As the FDA’s website notes, the court says it’s not permitting July to sell its vaping products based on the merits of the company’s request – that decision will come later.

In its petition for the stay, which you can read in full below, Jul said that it faced “significant irreparable harm” if it wasn’t allowed to sell its products while it prepared its full motion for a stay. “The FDA cannot credibly argue that there is a critical and urgent public interest in removing JLI’s products from the market right nowrather than after this Court reviews FDA’s action, ”the company wrote (emphasis July).

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