FDA Ban on Juul E-Cigarettes Gets Put On Hold for Now

A court grants an emergency hold on a ban by the Food and Drug Administration. It'll rule later on the possibility of a longer hold while the ban gets appealed.

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A man exhaling a cloud of smoke from an electronic cigarette.
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Juul Labs can continue selling its e-cigarettes for the time being, after a federal appeals court on Friday issued a temporary stay on a ban by the US Food and Drug Administration.

On Thursday, the FDA ordered Juul to stop selling and distributing its vape pens and flavored pods. The agency said that when Juul applied for a required FDA authorization to market its tobacco products, the company failed to provide sufficient evidence that the products meet legal standards around public health.

Juul disagreed and on Friday filed for an emergency hold on the ban while the company prepares a follow-up request that the ban be suspended while Juul appeals the FDA's decision. 

In granting the administrative stay, the appeals court reportedly said Juul has until Monday at noon to file its additional request and that the FDA has until July 7 to file its response. The court will then decide whether the products should be taken off the market while it considers Juul's appeal.

The FDA's ban follows a broad two-year review of Juul, which needed the agency's authorization for its e-cigarettes to stay on the market. E-cigarettes were initially marketed to former smokers as a way of helping them avoid the harmful effects of real cigarettes. They work by converting liquid nicotine into vapor. But experts have warned that the smooth delivery of a high nicotine substance, packaged in a sleek design, may promote nicotine addiction in younger people

Each year, 480,000 people die from diseases attributed to smoking, according to the FDA. 

Juul didn't respond to a request for comment. The FDA said it doesn't comment on possible, pending or ongoing litigation.

CNET's Jessica Rendall contributed to this report.

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