The Food and Drug Administration could be set up to lower the hammer to vape pen maker Juul. The agency is preparing to order it to stop selling e-cigarettes in the U.S. and the decision could come as soon as it does today, according to The Wall Street Journal.
Along with other e-cigarette manufacturers, Juul had to submit its products to the FDA for review in 2020. The agency has been investigating the potential benefits of vape as an alternative to cigarettes, but the popularity of the products among young people have been caused concern. The FDA has already removed products from rivals Juul, Reynolds American (which is behind the Vuse brand) and NJOY.
The FDA has been examining Juul for several years. He confiscated the company’s marketing materials to review in 2018 over concerns about the vaporization of minors. In 2019, the FDA criticized the company for telling students that its products were “completely safe” after accusing Juul of undermining efforts to crack down on teen vaporization.
The agency restricted e-cigarette sales with gusto in 2018 and banned several variants in early 2020 in an attempt to reduce the appeal of vaping among teens. Juul was ahead of that ban (perhaps in an attempt to get in the good graces of regulators and the public) when it stopped sales of mint and fruit-flavored vape pods in 2019.
Several states have sued Juul, alleging that he targeted minors with marketing. It paid $ 40 million to settle a North Carolina lawsuit in 2021 and a $ 22.5 million settlement in Washington state earlier this year. The Federal Trade Commission has also studied Juul’s marketing tactics.
Juul will have the option of appealing a federal ban on sales of its products, if the FDA takes this step, or challenging it in court. Some observers have suggested that the company may request a stay while the agency reviews a version of the vape pen that has age verification technology. Engadget has contacted Juul to comment.
A general ban would probably be devastating for Juul’s business. The WSJ notes that the vast majority of the company’s revenue comes from the United States. Juul became the best e-cigarette brand in the country a few years ago, but sales have dropped and it is now said to be second in the US market behind Vuse.
Meanwhile, the FDA aims to eliminate almost all nicotine from cigarettes to make them less addictive. This could cause millions of smokers to switch to smoking or quit completely.
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