Ban on Juul Vapes Reversed by The FDA Opening Door to Possible Authorization

The FDA has reversed its 2022 marketing ban on Juul Labs, opening the door for potential future authorization of its e-cigarette products. This ban was initially imposed in response to the rising use of vaping among teenagers. Although this decision doesn’t mean Juul’s products are approved for sale, it indicates that a comprehensive review is still ongoing.
Initial Ban and Review Process
In June 2022, the FDA halted Juul’s application to market its vaping devices and flavored pods, citing a lack of sufficient evidence regarding their toxicological safety. Juul challenged the decision, allowing its products to remain on shelves during the appeal. By July 2022, the FDA had paused the ban to carry out further scientific evaluations in areas such as toxicology and clinical pharmacology.
Recent FDA Actions
The FDA’s decision to lift the marketing denial orders (MDOs) comes after a thorough review of Juul’s submissions and new legal precedents related to e-cigarette marketing. The agency emphasized that this move does not mean Juul’s applications are approved or rejected but places them under continued review.
Juul’s Reaction
Juul Labs welcomed the FDA’s decision, reaffirming its commitment to a science-based approach for seeking marketing authorization. The company remains confident that an in-depth review will prove that their products meet the necessary public health standards.
Regulatory Context
Since 2009, when Congress gave the FDA authority over tobacco products, e-cigarette manufacturers like Juul have had to submit their products for FDA review. Despite the ongoing review, these products could still be sold. Founded in 2015, Juul aimed to provide a healthier alternative to traditional cigarettes but has been criticized for high nicotine levels and marketing that allegedly targeted youths.
Health Concerns and Criticism
The American Lung Association has expressed strong concern about the FDA’s decision, urging a denial of all Juul products due to their role in the youth vaping surge from 2017 to 2019. Critics argue that Juul’s appealing design and variety of flavors have attracted teenagers, leading to widespread use among young people.
Teenage Vaping Trends
According to the CDC, over 2 million middle and high school students used e-cigarettes in 2023, with nearly 90% opting for flavored products. While high school e-cigarette use dropped from 14.1% in 2022 to 10% in 2023, these products remain the most popular tobacco product among youths. Juul was the fourth most popular e-cigarette brand among adolescents in 2023, down from its top position in 2020.
Juul’s Stance on Youth Use
Juul maintains that its products are designed for adult smokers and has expressed satisfaction with the decline in underage use of vaping products. The company emphasizes the need for strict access and marketing restrictions to further reduce youth usage and calls for increased enforcement against illicit disposable products that are popular among teenagers.
Legal and Financial Issues
In 2022, the FDA cited insufficient evidence in Juul’s applications, including concerns about harmful chemicals in e-liquid pods. That same year, Juul settled over 5,000 lawsuits in the U.S. related to allegations of targeting teenagers and agreed to pay hundreds of millions to resolve a review of its advertising practices.
Future Outlook
Juul Labs is now focused on collaborating with the FDA to secure marketing authorization through rigorous scientific review. All e-cigarette products need FDA approval to be legally marketed. The recent FDA action is influenced by new case law and additional information from Juul.
The debate over Juul’s impact on youth vaping and marketing practices continues. As the FDA review proceeds, the outcome will play a crucial role in shaping the future of Juul and the broader e-cigarette market in the United States.