Federal appeals court overturns FDA ban on Juul’s e-cigarettes

US Court of Appeals for the District of Columbia (via) techcrunch) in its order, the court says it is issuing a temporary injunction to give Juul time to file an emergency motion, which it can consider along with the FDA’s response.

The FDA says the reason for the ban is that “there is insufficient evidence to assess the potential toxic risks of using Joule products.” Juul petitioned for approval to sell its tobacco and menthol-flavored vape products, but the FDA turned down the application. The regulator notes that it is only illegal to sell Juul devices and Juul Pods, not own or use them.

Uploaded as per Court Order axios, Juul has until noon on the 27th to file its emergency motion. As the FDA’s website notes, the court says it is not allowing Juul to sell its vaping products on the merits of the company’s request—a decision that will come later.

In its petition for the stay, which you can read in its entirety below, Juul said it suffered “significant irreparable harm” if it was not allowed to sell its products, while it had lost its Full speed set. “The FDA cannot credibly argue that there is a significant and immediate public interest in removing JLI’s products from the market. immediatelyInstead this court has reviewed the FDA’s action,” the company wrote (emphasis Juul’s).

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