Juul is asking the court to temporarily block the FDA’s ban on e-cigarettes

Juul-branded vape cartridges are pictured for sale in a store in Atlanta, Georgia.

Elijah Newage | Reuters

Juul on Friday asked a federal appeals court to temporarily block the Food and Drug Administration’s ban on their e-cigarettes.

The request came less than a day after the health agency told the company that it had to withdraw its vaping products from the US market, with immediate effect. According to the FDA, Juul̵[ads1]7;s applications to continue selling its vaping device and menthol- and tobacco-flavored nicotine capsules provided insufficient or conflicting data on the potential risks of using the company’s products.

Juul disagreed, saying in a statement that it provided sufficient research and evidence to address the issues raised by the agency. The company’s chief regulatory officer, Joe Murillo, said in a statement on Thursday that Juul is examining its options, which include appealing the decision or engaging with the FDA.

In a submission to the American Court of Appeal for DC Circuit, Juul requested an administrative emergency stay until it can submit a proposal for a stay pending assessment by 12.00 on Monday. If granted, the company and retailers will be able to continue distributing and selling Juul products until the court considers the agency’s decision.

“[Juul’s] The only opportunity for meaningful relief that allows it to continue selling its products is an immediate stay, “the company said in the archive.

Juul claimed that the FDA exposed it to unfair treatment compared to other e-cigarette manufacturers. According to the submission, the agency’s press release announcing its decision on Juul products was “more stringent and threatening” than previous rejections.

“The FDA’s decision is arbitrary and capricious and lacks substantial evidence, and an immediate administrative stay is essential to protect JLI, its commercial partners and its customers,” Juul said.

The company also called on the agency to impose immediate enforcement, instead of introducing a transition period, which is typical unless the product poses an immediate risk to consumers.

The FDA declined to comment.

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