Juul seeks to extend stay on FDA ban, citing inadequate evaluation


An indication promoting Juul model vaping merchandise is seen exterior a store in New York Metropolis, February 6, 2019.

Mike Segar | Reuters

Juul Labs is searching for to increase a short lived keep on the Meals and Drug Administration’s ban of its e-cigarettes, in keeping with a courtroom submitting Tuesday.

Juul mentioned within the submitting that the company neglected greater than 6,000 pages of knowledge that it offered concerning the aerosols generated by heating the liquid in its pods and that customers in the end inhale. The FDA had said last week the company’s application for market approval gave inadequate or conflicting information concerning the potential dangers of utilizing its merchandise, together with whether or not doubtlessly dangerous chemical compounds may leak from Juul pods.

A consultant for the FDA declined to touch upon the submitting, saying the company doesn’t touch upon ongoing litigation.

“Had FDA achieved a extra thorough evaluate (prefer it did for different candidates), it will have seen information displaying that these chemical compounds should not observable within the aerosol that JUUL customers inhale,” the corporate mentioned within the submitting with the U.S. District Court docket of Appeals for the District of Columbia Circuit.

Juul additionally cited a “backdrop of immense political strain” that it mentioned influenced the FDA’s choice. It mentioned in its submitting that taking its merchandise off retailer cabinets, even briefly, would completely injury its model and that its clients would both use opponents’ merchandise or return to conventional cigarettes.

Over the past yr, rival e-cigarette makers British American Tobacco and NJOY have received approvals from the FDA for his or her e-cigarettes, though the company rejected among the flavored merchandise submitted by these corporations. The company mentioned it authorised these corporations’ tobacco-flavored merchandise as a result of they proved they might profit grownup people who smoke and outweighed the danger to underage customers.

Juul had been the market chief in e-cigarettes since 2018, in keeping with Euromonitor Worldwide. As of 2020, the corporate held 54.7% share of the $9.38 billion U.S. e-vapor market.

The corporate mentioned that no different rival had their utility denied for comparable causes and that the FDA supplied no clarification for why it held Juul to a unique normal. Juul had been searching for approval for its vaping machine and tobacco- and menthol-flavored pods.

Final Thursday, the FDA denied to authorize the merchandise and mentioned the corporate needed to cease promoting its merchandise efficient instantly. The following day, the Columbia Circuit Court docket of Appeals granted the emergency request for a keep, pending its attraction of the choice.

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