Juul wants to extend the existence of the FDA ban, saying the agency has not evaluated all of its evidence

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An inscription advertising Juul brand products is visible in front of a store in New York City on February 6, 2019.

Mike Segar Reuters

Juul Labs is working to extend its temporary stay due to a ban on its e-cigarettes adopted by the Food and Drug Administration, it is clear in court on Tuesday.

Juul criticized the FDA review process and said in the application that the agency overlooked more than 6,000 pages of data it provided on aerosols created by heating the liquid in its pods and which users eventually inhale. The FDA announced the company’s role last week for market approval, it provided insufficient or conflicting information on the potential risks of using its products, including whether potentially harmful chemicals could be leaking from Juul floors.

An FDA spokesman declined to comment on the application, saying the agency does not comment on ongoing litigation.

“If the FDA had conducted a more thorough review (as it has done for other applicants), it would have seen data showing that these chemicals cannot be observed in the aerosol inhaled by JUUL users,” the company said in an application to the U.S. District Court. Complaints for the District of Columbia.

Juul also cited “the background to the enormous political pressure,” which he said influenced the FDA’s decision. In his application, he stated that withdrawing his products from store shelves, even temporarily, would permanently damage his brand and that customers would either use competitors ’products or return to traditional cigarettes.

In the last year, competing e-cigarette manufacturers British American Tobacco and NJOY obtained FDA approval for their e-cigarettes, although the agency rejected some of the flavored products submitted by the companies. The agency said it approved the products of these tobacco-flavored companies because they have proven they could benefit adult smokers and outweigh the risks to underage users.

According to Euromonitor International, Juul has been the market leader in e-cigarettes since 2018. Since 2020, the company has had a 54.7 percent share of the U.S. e-vapor market worth $ 9.38 billion.

Juul said no other company had been denied the application for similar reasons and that the FDA had not offered any explanation as to why Juul adhered to a different standard. Juul was seeking approval for his tobacco and menthol-flavored vaping device and pods.

On Thursday, the FDA denied product approval and said the company must stop selling its products immediately. The next day, the U.S. District Court of Appeal of Columbia County granted Juul’s urgent request to suspend the injunction pending an appeal of the decision.

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