Juul Labs was granted an emergency administrative stay of enforcement by the U.S. Court of Appeals for the D.C. Circuit. The stay temporarily blocks the FDA’s marketing denial order so that Juul can seek a formal stay of the FDA’s action.
In granting the emergency stay, the Court considered the irreparable harm caused by FDA’s action absent a stay, the lack of harm to the government and that public interest favors granting the stay. Juul now continue to pursue all of its legal and regulatory options while continuing to operate in the market.
As a result of the Court’s action, it will continue to responsibly market its products as it has up to this point pending the Court’s ruling on its forthcoming motion to stay.
While a stay is in effect, all of Juul’s products remain available for sale and there is no legal prohibition against continuing to market Juul products. Additionally, the company have every intention to honor its current contractual obligations and pay valid invoices.
As Juul previously said, it strongly disagrees with the FDA’s decision and continues to believe it has provided sufficient information and data based on high-quality research to address all issues raised by the agency. It continues to believe its application provided robust data showing Juul products meet the statutory standard of being “appropriate for the protection of the public health.” This order allows Juul to continue engaging with its regulators in pursuit of a science- and evidence-based determination for its products.
