on Thursday, citing a lack of sufficient evidence provided by the company to show its devices are safe. The FDA acknowledged that it wasn't aware of"an immediate hazard" linked to Juul's vape pen or pods.
“FDA’s decision is arbitrary and capricious and lacks substantial evidence,” Juul said in a filing with the US Court of Appeals for the DC Circuit, according to. The company called the ban extraordinary and unlawful. It requested an administrative stay until it can file a motion for an emergency review of the FDA’s order.
Juul claimed that, without the stay, it would suffer significant and irreparable harm. The company makes the lion's share of its revenue in the US. If the stay is granted, Juul and retailers will be able to keep selling its products there. The company argued in the filing that the order marked a move away from the FDA's typical practices, which allow for a transition period.
"We respectfully disagree with the FDA’s findings and decision and continue to believe we have provided sufficient information and data based on high-quality research to address all issues raised by the agency," Juul's chief regulatory officer Joe Murillo told Engadget after the FDA issued the order.
In 2020, the FDA required makers of e-cigarettes to submit their products for review. It looked at the possible benefits of vaping as an alternative to cigarettes for adult smokers. It was weighing those up against concerns about the popularity of vaping among young people. The agency has authorized 23"electronic nicotine delivery systems," including products from NJOY and Vuse parent Reynolds American.