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

Illustration by Alex Castro / The Verge

According to the US Court of Appeals for the District of Columbia, the FDA can't stop Juul from selling its products. The court gave Juul time to file an emergency motion, which it can consider along with a response from the FDA.

There isn't enough evidence to assess the potential toxicological risks of using the Juul products, according to the FDA. The FDA turned down the application of the company to sell tobacco and nicotine products. It is only illegal to sell the device and not to own or use it.

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The court ordered Juul to file its emergency motion by noon on the 27th. The FDA website states that the court won't allow Juul to sell its products based on the merits of the company's request.

If it wasn't allowed to sell its products while it prepared its full motion for a stay, it would face significant irreparable harm. The FDA can't credibly argue that there is a critical and urgent public interest in removing JLI's products from the market right now.