A federal court Friday blocked an FDA order that e-cigarette maker Juul must stop selling its electronic cigarettes.
Juul had asked the court to pause what it calls an "extraordinary and unlawful action" by the Food and Drug Administration. The company filed the emergency motion with the U.S. Court of Appeals in Washington as it prepares to appeal the FDA's decision.
The FDA said Thursday that Juul must stop selling its vaping devices and its tobacco- and menthol-flavored cartridges.
The action was part of an effort by the agency to bring scientific scrutiny to the multibillion-dollar vaping industry after years of regulatory delays.
To stay on the market, companies must show that their e-cigarettes benefit public health. In practice, that means proving that adult smokers who use them are likely to quit or reduce their smoking, while teens are unlikely to get hooked on them.
The FDA said Juul's application left regulators with significant questions and didn't include enough information to evaluate any potential health risks. Juul said it submitted enough information and data to address all issues raised.
While Juul remains a top seller, its share of the U.S. e-cigarette market has dipped to about half. The company was widely blamed for a surge in underage vaping a few years ago, but a recent federal survey showed a drop in the teen vaping rate and a shift away from Juul's products.
The devices heat a nicotine solution into a vapor that's inhaled, bypassing many of the toxic chemicals produced by burning tobacco.
The company said in its Friday court filing that it submitted a 125,000-page application to the FDA nearly two years ago. It said the application included several studies to evaluate the health risks among Juul users.
FILE — A woman exhales while vaping from a Juul pen e-cigarette in Vancouver, Wash., April 16, 2019. Federal health officials on Thursday,June 23, 2022 ordered Juul to pull its electronic cigarettes from the U.S. market, the latest blow to the embattled company widely blamed for sparking a national surge in teen vaping. (AP Photo/Craig Mitchelldyer, File)