Juul Labs Inc. persuaded a federal court to grant an emergency order blocking the FDA's decision to ban its products from the US market.
JUUL Labs Inc. vaping e-cigarette products are displayed in a convenience store alongside cigarettes and other smokeless tobacco products on June 23, 2022 in El Segundo, California.uul Labs Inc. persuaded a federal court to grant an emergency order blocking the Food and Drug Administration’sThe US Circuit Court of Appeals in Washington on Friday said the ban should be “administratively stayed” while Juul’s lawyers prepare a full appeal of the FDA’s finding it must stop selling its products.
“FDA’s extraordinary and unlawful action, which demands that JLI immediately halt essentially all of its business operations, warrants the emergency interim relief requested,” Juul said Friday in court filings. In its order, the court said the appeal process will run into next month. Representatives of Washington-based Juul didn’t immediately respond to an email seeking comment about the federal court’s decision to put the sales ban on hold.The FDA said in a statement Thursday Juul must stop selling and distributing the products, and that those that are on the market must be removed or risk enforcement action. A rise in teenage use of vaping products had compelled the agency to conduct a thorough review of e-cigarettes, according to FDA Commissioner Robert Califf.
Sean Griffin, a lawyer for Juul, said in court filings that he asked FDA in-house lawyers on Thursday to put the ban on hold until the company could file appeal briefs, but they refused. He said Juul was experiencing “disruptions and other severe harms” the company feared “were likely irreparable and were expected to continue and worsen.”
A stay by the court could buy Juul some time. It could take as much as six months for both sides to get briefs in and argue the case, said Carl Tobias, a University of Richmond law professor. “So this could take awhile — even if they put the case on the fast track.”More Must-Read Stories From TIME
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