The U.S. Court of Appeals for the District of Columbia on Friday issued a temporary stay requested by Juul to allow the company to continue to sell its products pending a further decision from the court to block the FDA's order as the company appeals.
The FDA on Thursday told Juul Labs Inc. that it must stop marketing all products currently sold in the United States and ordered the company to remove any products currently for sale or risk enforcement action.
The court noted in the order that the decision to grant the temporary stay "should not be construed in any way as a ruling on the merits of that motion."
The FDA statement said the banned Juul products include the vaping device and four types of Juul Virginia tobacco and menthol-flavored pods.
The FDA said that the company's product applications "lacked sufficient evidence regarding the toxicological profile of the products to demonstrate that marketing of the products would be appropriate for the protection of the public health."
The agency previously banned the sale of fruit-flavored e-cigarettes after critics claimed the products targeted teens. Regulators have since been reviewing thousands of applications for vaping products after tightening their oversight of the electronic cigarette market.
Several years ago, Juul's fruity flavors and "hip marketing" were blamed for jumps in underage vaping. Among the criticisms were that Juul used young adult models, celebrities and social media influencers in its marketing campaigns.
In response, the company stopped using models, suspended all advertising in the United States and shut down its Facebook and Instagram accounts. The company stopped selling its fruity and sweet flavors in 2019.
In 2020, all manufacturers were required to submit their products to the FDA for review to stay on the market. Juul's submission to the FDA included its menthol and Virginia Tobacco flavors in nicotine strengths of 3% and 5%.