A federal appeals court has agreed to put a hold on the US Food and Drug Administration’s ban on Juul e-cigarettes.
The Friday afternoon decision comes after Juul in the morning asked the court to block the the US market.
The temporary stop to the FDA’s order will last through at least July 12, the court’s scheduling order indicates.
Details on the length of the temporary ban were not immediately disclosed.
‘FDA’s decision is arbitrary and capricious and lacks substantial evidence,’ stated Juul in its emergency motion filed in the US Court of Appeals in Washington, DC. The company argued that the FDA has authorized e-cigarette from other makers.
Juul asked for a pause to the FDA’s ‘extraordinary and unlawful action’.
The FDA on Thursday ordered Juul to pull its vaping devices as well as its tobacco and menthol flavored cartridges.
An FDA spokesman told l that it does not comment on pending or ongoing litigation.
Juul has been consulting with its legal advisers on possibly filing for bankruptcy if it is not able to shake a ban from the government, people with knowledge on the matter told the newspaper.
The FDA stated that Juul failed to provide enough proof that its products offer a less harmful option to traditional cigarettes.
Vaping companies must show that their devices benefit public health in order to continue selling them.
Juul stated that it handed over sufficient data and information around issues the FDA was concerned about. However, regulators said not enough details were given on possible health risks, and major questions remained.
The FDA’s order was unlike the agency’s previous actions and correspondence, Juul claimed.
‘Regulation through leaks and press releases is no way to handle agency action, much less to order a company to cease essentially all business operations,’ stated Juul in its court filing.
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