Juul may continue to sell its e-cigarettes despite the Food and Drug Administration ordering a ban on Thursday, according to the U.S. Court of Appeals for the District of Columbia (via TechCrunch† In its injunction, the court says it is issuing the temporary suspension to give Juul time to file an emergency motion, which it can then consider along with a response from the FDA.
The FDA says the reason for the ban is that there is “insufficient evidence to assess the potential toxicological risks of using the Juul products.” Juul had applied for permission to sell its tobacco- and menthol-flavored vape products, but the FDA rejected the application. The regulator notes that it is only illegal to sell the Juul device and Juul pods, not to own or use them.
According to the court order, uploaded by axios, Juul has until 12 noon on the 27th to file his emergency motion. As the FDA’s website points out, the court says it will not allow Juul to sell its vape products based on the merits of the company’s request — that decision will come later.
In its petition for the postponement, which you can read in full below, Juul said it would suffer “significant irreparable damage” if it were not allowed to sell its products while it prepared its full motion for a postponement. “FDA cannot credibly claim that there is a critical and urgent public interest in withdrawing JLI’s products from the market straight awayrather than after this court reviews the FDA’s action,” the company wrote (emphasis Juul’s).