I wrote yesterday about the fact that the FDA had issued a MDO (Marketing Denial Order) to the huge vape brand JUUL preventing them from selling their products in America.
However today I am seeing news articles reporting that they have a temporary reprieve in the form of a “Stay” (or pause).
According to the Daily Mail article – Federal Court Blocks FDA’s ban on JUUL E-cigarettes after firm was ordered to stop selling them on health grounds – the Federal Court has been brought into this by JUUL.
What I can understand of it is that JUUL filed an appeal to the Federal Court to halt the ban and the application has succeeded.
As expected, Juul does not need to come off shelves for now thanks to a temporary stay issued by the U.S. Court of Appeals for the D.C. Circuit. pic.twitter.com/0PpXhqs4is
— Gregory Conley (@GregTHR) June 24, 2022
Here is the image of the appeal paperwork from the Tweet above…
And here is a link to view the PDF of the whole appeal document…
What Does This Mean For JUUL?
Therefore JUUL have a bit of breathing space until at least 12th July 2020.
So this pause means JUUL can create a case for why the FDA were wrong in their decision.
Yesterday things were looking bleak for JUUL but now they can legally still sell their products until the stay expires.
Bearing in mind that the top selling US vape is the Vuse with 33.4% of total market share followed closely by JUUL with 33%. These two brands dominate the US vape market.
It is now up to the appeals court to decide if JUUL can continue selling, they have to file an additional motion before Noon on Monday 27th June. The FDA have until July 7th to file a motion in response.
As expected the FDA decision has caused a huge backlash with a lot of discussion on social media.