FDA Rescinds Juul Vaping Marketing Ban Pending Review

FDA rescinds Juul vaping marketing ban

The United States Food and Drug Administration (FDA) made a surprising announcement on Thursday, revealing that it had rescinded the marketing denial orders previously issued for vaping products from Juul Labs Inc. The decision comes in the wake of recent court decisions that have established new case law and informed the FDA’s approach to product review.

While the rescission of the marketing ban does not constitute an authorization or denial of Juul’s products, the company has stated that its products will remain available to consumers during the ongoing scientific review process. The FDA emphasized that the rescission “is not an authorization or a denial and does not indicate whether the applications are likely to be authorized or denied.”

The FDA’s 2022 marketing ban on Juul products, which included devices and tobacco and menthol-flavored pods, was initially stayed weeks after its issuance as “scientific issues warranted additional review.” Juul appealed the decision, and the products remained on store shelves pending the outcome of the appeal.

The agency reiterated its commitment to issuing final decisions based on both scientific merits and the law. To date, the FDA has only authorized 23 e-cigarette products and devices after subjecting them to a “rigorous scientific review” process, which includes toxicologic assessments and adherence to the FDA’s product standard.

Health advocacy groups have expressed concern over the FDA’s decision. The American Lung Association stated that it was “deeply troubled” by the rescission, urging the FDA to issue marketing denial orders for all Juul products. The association pointed to Juul’s role in the youth e-cigarette epidemic from 2017-2019 and argued that the company’s products do not meet the standard for protecting public health.

Similarly, the Campaign for Tobacco-Free Kids cited Juul’s popularity among young people and criticized the FDA’s continuing delays in reviewing the company’s marketing applications. The organization called for the FDA to swiftly finish its review and deny marketing applications for all Juul products, given the brand’s primary role in fueling the youth e-cigarette epidemic.

In response to the FDA’s decision, Juul stated that it looks forward to “re-engaging with the agency on a science- and evidence-based process to pursue a marketing authorization for JUUL products.” The company’s products will remain on store shelves pending the outcome of the appeal and ongoing scientific review.

As the FDA continues its evaluation of Juul’s marketing applications, the agency emphasized that all e-cigarette products, including those made by Juul, are required by law to have FDA authorization to be legally marketed. The future of Juul’s products in the United States market remains uncertain as the scientific review process unfolds.

News source:
FDA rescinds marketing ban on Juul vaping products

Matthew Ma