Juul asks court docket for momentary block on FDA’s ban of its e-cigarettes

Juul model vape cartridges are pictured on the market at a store in Atlanta, Georgia.

Elijah Nouvelage | Reuters

Juul requested a federal appeals court docket on Friday for a brief block on the Meals and Drug Administration’s ban on its e-cigarettes.

The request got here lower than a day after the well being company advised the corporate that it needed to pull its vaping merchandise off the US market, successfully instantly. In keeping with the FDA, Juul’s purposes to maintain promoting its vaping system and menthol- and tobacco-flavored nicotine pods gave inadequate or conflicting knowledge concerning the potential dangers of utilizing the corporate’s merchandise.

Juul disagreed, saying in a press release that it offered adequate analysis and proof to handle the problems raised by the company. The corporate’s chief regulatory officer, Joe Murillo, mentioned in a press release on Thursday that Juul is exploring its choices, which embody interesting the choice or partaking instantly with the FDA.

In a submitting with the US Court docket of Appeals for the DC Circuit, Juul requested for an emergency administrative keep till it may file a movement for a keep pending assessment by midday on Monday. If granted, the corporate and retailers would have the ability to hold distributing and promoting Juul merchandise till the court docket evaluations the company’s determination.

“[Juul’s] solely prospect for significant aid that allows it to proceed promoting its merchandise is an instantaneous keep,” the corporate mentioned within the submitting.

Juul claimed the FDA subjected it to unfair remedy in contrast with different e-cigarette makers. In keeping with the submitting, the company’s press launch saying its ruling on Juul merchandise was “extra strident and threatening” than earlier denials.

“FDA’s determination is unfair and capricious and lacks substantial proof, and an instantaneous administrative keep is crucial to guard [Juul Labs Inc.]its business companions and its clients,” Juul mentioned.

The corporate additionally referred to as out the company for imposing rapid enforcement, quite than instating a transition interval, which is typical until the product poses an instantaneous threat to customers.

The FDA declined to remark.

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